Hotelkeepers shall be liable to their guests for loss of property brought by such guests into the hotel when such loss is caused by the theft or negligence of a hotelkeeper or his servants, not to exceed the sum of one thousand dollars [($1,000)]; provided, however, that any hotelkeeper who shall provide a suitable safe in his hotel for safekeeping of any money, jewels, ornaments or other valuables belonging to his guests and shall notify them thereof by posting a printed notice conspicuously in the rooms of such hotel that such safe has been provided for said purpose, shall not be liable for the loss of any money, jewels, ornaments or other valuables by theft or otherwise which any guest who has neglected to deposit same in such safe, may sustain.

History: Laws 1921, ch. 104, § 1; C.S. 1929, § 67-101; 1941 Comp., § 51-2501; 1953 Comp., § 49-6-1.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

This section is not unconstitutional under N.M. Const., art. II, § 18. Weiser v. Albuquerque Oil & Gasoline Co., 1958-NMSC-061, 64 N.M. 137, 325 P.2d 720.

Section liberally construed since it ameliorates harsh common-law rule. — This section was obviously enacted to ameliorate the effect of the harsh common-law rule that an innkeeper was an insurer of the property of his guests, and is therefore to be given a liberal construction. Albuquerque Hilton Inn v. Haley, 1977-NMSC-051, 90 N.M. 510, 565 P.2d 1027.

Former liability of innkeeper was that of insurer. — Prior to 1921, the liability of an innkeeper for the property of his guests was that of an insurer, and except for acts of God, the public enemy or the guest, he could be held for the value of rings stolen by employees. Landrum v. Harvey, 1922-NMSC-045, 28 N.M. 243, 210 P. 104 (decided under former law).

Services offered and facilities available determine status as hotel. — Neither the physical plant nor the name by which the establishment is known controls its status as a hotel. It is the services offered and facilities available that are determinative. Weiser v. Albuquerque Oil & Gasoline Co., 1958-NMSC-061, 64 N.M. 137, 325 P.2d 720.

Lodge offering services of "downtown" hotel subject to section. — Where lodge offered service and facilities that one might expect to find at any one of the well-known "downtown" hotels, it meets the definition of a hotel and comes under this section. Weiser v. Albuquerque Oil & Gasoline Co., 1958-NMSC-061, 64 N.M. 137, 325 P.2d 720.

Hotelkeeper's liability limited to $1000 for property in his care. — When a guest leaves property with a hotelkeeper at the desk and a subsequent loss takes place, this section clearly and unambiguously states that the hotelkeeper's liability is limited to $1,000. Weiser v. Albuquerque Oil & Gasoline Co., 1958-NMSC-061, 64 N.M. 137, 325 P.2d 720.

Section limits hotel's liability even when luggage delivered by airline. — This statute was not limited in its application to property brought physically into a hotel by a guest or his agent, and therefore was applied to limit the liability of a hotel for loss of a guest's luggage which had been delivered to the hotel by her airline. Albuquerque Hilton Inn v. Haley, 1977-NMSC-051, 90 N.M. 510, 565 P.2d 1027.

Railroad conductor, renting hotel room by month, was not guest. Horner v. Harvey, 1885-NMSC-005, 3 N.M. (Gild.) 307, 5 P. 329 (decided under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Hotels, Motels and Restaurants §§ 157 et seq.

Payment for accommodation by week, month, or the like as affecting question whether one is a guest or a boarder at an inn, 12 A.L.R. 261, 145 A.L.R. 363.

What constitutes an hotel or inn, 19 A.L.R. 517, 53 A.L.R. 988.

Liability of innkeeper for property left by departing guest who intends to return, 22 A.L.R. 1194.

Information which must be given by a guest upon delivering articles into custody of innkeeper, 53 A.L.R. 1048.

Authority of clerk or other employee to waive innkeeper's regulation as to baggage or valuables, 56 A.L.R. 316.

Loss of or damage to guest's baggage while being transported to or from hotel, 76 A.L.R. 1106.

Description of property in statute limiting liability of innkeeper to guest for loss of or damage to property, scope and application of, 115 A.L.R. 1088.

Safety receptacles for valuables of guests, necessity of complying with statutory provision as to place of posting, and contents of notice by innkeeper as to safety receptacles for valuables of guests, 119 A.L.R. 796.

Effect of notice limiting liability for valuables or effects of guest in hotel, 9 A.L.R.2d 818.

Tort liability of master for theft by servant, 15 A.L.R.2d 829, 39 A.L.R.4th 543.

Liability of innkeeper to guest for injuries occasioned by defects in furnishings or other conditions in room or suite, 18 A.L.R.2d 973, 91 A.L.R.3d 483, 93 A.L.R.3d 253.

Liability of innkeeper for injury to guest caused by pushing, crowding, etc., of other guests, 20 A.L.R.2d 8.

Liability for injury to customer or patron from defect in or fall of seat, 21 A.L.R.2d 420.

Maintenance or regulation by public authorities of tourist or trailer camps, motor courts or motels, 22 A.L.R.2d 774.

Liability of bailee for hire of automobile for loss of, or damage to, contents, 27 A.L.R.2d 796.

Liability of innkeeper for injury to guest using hall or similar passageway, 27 A.L.R.2d 822.

Liability of employer, other than carrier, for a personal assault by an employee upon customer, patron, or other invitee, 34 A.L.R.2d 372.

Liability of innkeeper to guest injured while using ramp or similar inclined surface, 58 A.L.R.2d 1173.

Liability of innkeeper for injury to guest using steps or stairs, 58 A.L.R.2d 1178.

Liability of innkeeper for loss of or damage to property of a guest resulting from fire, 63 A.L.R.2d 495.

Liability of innkeeper or restauranteur for injury to guest or patron inflicted on or about premises by person other than proprietor or his servant, 70 A.L.R.2d 628, 28 A.L.R.3d 80, 43 A.L.R.3d 281.

Liability of innkeeper for injury by object thrown or falling because of conduct of guest, 74 A.L.R.2d 1241.

Liability of innkeeper for loss of or damage to automobile of guest or boarder, 52 A.L.R.3d 433.

Liability of hotel or motel operator for injury to guest resulting from assault by third party, 28 A.L.R.4th 80.

Liability of hotel or motel for guest's loss of money from room by theft or robbery committed by person other than defendant's servant, 28 A.L.R.4th 120.

43A C.J.S. Inns, Hotels and Eating Places §§ 44 to 48.