CODE OF VIRGINIA

LIABILITY (§ 35.1-28)

A. It shall be the duty of any person owning or operating a hotel to exercise
due care and diligence in providing honest and competent employees and to take
reasonable precautions to protect the persons and property of the guests of the
hotel. No hotel shall be held liable in a sum greater than $ 300 for the loss of
any wearing apparel, baggage, or other property not hereinafter mentioned
belonging to a guest when such loss takes place from the room or rooms occupied
by the guest. Unless the loss shall take place from the office of the hotel
after the valuables are deposited there, no hotel shall be liable for any loss
by any guest of jewelry, money, or other valuables of like nature belonging to
any guest if the hotel shall have posted in the room or rooms of the guest in a
conspicuous place, and in the office of the hotel, a notice stating that
jewelry, money, and other valuables of like nature must be deposited in the
office of the hotel. The hotel shall not be obligated to receive from any one
guest for deposit in such office any property hereinbefore described exceeding a
total value of $ 500.

B. Each guest’s room shall have suitable locks on its doors and windows
unless permanently secured. If a guest fails to lock the doors or windows of his
room, the hotel shall not be liable for any property taken from the room in
consequence of such failure on the part of the guest. The burden of proof shall
be upon the operator of the hotel to show that he complied with the provisions
of this section and that the guest failed to comply with these requirements.

C. In the case of loss by fire or overwhelming disaster, a hotel shall exercise
ordinary and reasonable care in the custody of the baggage or other property of
its guests, but in no case shall the hotel’s liability exceed $ 250 to any
one guest unless the negligence of the hotel was the cause of the fire or
overwhelming disaster.

D. No liability shall attach to any hotel for the baggage, hats, umbrellas,
coats, or other wearing apparel of a guest until the same is placed by the guest
in the actual custody of an employee of the hotel. The mere depositing of such
baggage, hats, umbrellas, coats, or other wearing apparel inside the hotel shall
not be construed as putting in actual custody until taken in charge by the hotel
or its employee, or properly placed in a room or rooms assigned to the guest.

E. Nothing contained in this section shall be construed so as to change or alter
the principles of law concerning a hotel’s liability to a guest or other
person for personal injury, nor to exempt in anywise the owner or operator of a
hotel from being liable for the value of any property of guests taken or stolen
from any room therein by any employee or agent of the hotel.

F. A notice of the provisions of this section shall be posted conspicuously in
each guest’s room.

HISTORY: Code 1950, §§ 35-10, 35-11, 35-12, 35-13; 1981, c. 468.