Can an innkeeper be held liable under section 841 of the California Civil Code for injuries sustained by a guest in a motor vehicle accident?

California, United States of America


The following excerpt is from Robert Altman, Inc. v. Biltmore Hotel, 11 Cal.Rptr. 838, 190 Cal.App.2d 274 (Cal. App. 1961):

In Gardner v. Jonathan Club, 35 Cal.2d 343, at page 350, 217 P.2d 961, at page 965, it was said: 'Sections 1859 and 1860 [of the Civil Code stated above] were designed to cover an innkeeper's liability for all articles of personal property carried by his guests. They have a common purpose and must be read together. In each section, the reason for the exception to the liability limitation is clear. Should a guest wish protection in excess of the statutory limitation, he must declare the value of his property to give the innkeeper an opportunity to confirm the estimate of value. He can then refuse to assume the greater liability or if he assumes it he can take proper precautions for the protection of the property. Liability in excess of the statutory

Page 841

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