INNKEEPER
An individual who, as a regular business, provides accommodations for guests in exchange for reasonable compensation.
An inn is defined as a place where lodgings
are made available to the public for a charge,
such as a hotel, motel, hostel, or guest house. A
guest is a transient who receives accommoda-
tions at an inn, transiency being the major
characteristic distinguishing him or her from a
boarder. In order for the relationship of
innkeeper and guest to be established, the par-
ties must intend to have such a relationship.
The individual accommodated must be received
as a guest and must obtain accommodations in
such capacity. The individual need not, how-
ever, register.
An innkeeper must accept all unobjection-
able individuals offering themselves as guests,
provided the innkeeper has available accommo-
dations and the guests are willing to pay the rea-
sonable charges. Proper grounds for a refusal to
receive a proposed guest are ordinarily restricted
to either lack of accommodations or the unsuit-
ability of the guest.
It is improper and a violation of an individ-
ual’s CIVIL RIGHTS for an innkeeper to refuse
accommodations on the basis of race, creed, or
color. Upon assignment to a room, a guest is
entitled to its exclusive occupancy for all lawful
purposes, subject to the right of the innkeeper to
enter the room for proper purposes, such as to
assist the police in their investigation of a crime.
Compensation
An innkeeper is permitted to charge a rea-
sonable compensation only, and must ordinarily
fulfill his or her entire obligation prior to being
entitled to the compensation. In the event that a
guest does not pay, the innkeeper has a lien on
the guest’s property. Such a lien ordinarily
extends to all property brought by the guest to
the inn and generally continues until the debt is
satisfied unless the innkeeper voluntarily sur-
renders the goods. The innkeeper may remove a
guest upon refusal to pay his or her bill but can-
not, however, use excessive force.
Liability
An innkeeper has an obligation to reason-
ably protect guests from injury while at the inn.
This duty of reasonable care mandates vigilance
in protection of the guests from foreseeable
risks. The innkeeper must protect guests from
injury at the hands of other guests and from
assaults and negligent acts of his or her own
employees. The obligation to protect guests is
not met merely by warning them, but must be
coupled with a policing of the premises.
An innkeeper must take reasonable care
regarding the safety of the guests’ property and
must warn guests of any hidden dangers that can
be reasonably foreseen. This duty includes mak-
ing inspections to ascertain that the premises are
safe. The innkeeper is liable for any injuries aris-
ing from his or her failure to comply with fire
regulations. Reasonably safe means of ingress
and egress must be provided.
An innkeeper is required to use reasonable
care to keep the hallways, passageways, and stair-
ways well lighted and free from obstructions or
hazards. An innkeeper who furnishes appliances
or furniture for the convenience of guests must
maintain them in a reasonably safe condition.
Similar duties are required in connection with
plumbing apparatus and swimming pools.
Reasonable care must be exercised by an
innkeeper in the operation and maintenance of
an elevator, which means that the elevator must
be inspected and repaired to keep it in safe con-
dition. The obligation to maintain the premises
in a reasonably safe condition applies to win-
dows and screens that are defective or insecurely
fastened. Failure to have protective window grills
or to guard air shafts located on a roof does not,
however, necessarily constitute NEGLIGENCE.
The prevalent COMMON LAW view makes an
innkeeper liable as an insurer for all PERSONAL
PROPERTY brought by the guest to the inn that is
lost through the innkeeper’s fault. There is no
liability, however, if the guest assumes the entire
and exclusive care, control, and possession of his
or her property. State laws have been enacted
