sec.12Limitation on strict liability under innkeeper’s liability

sec.12 Limitation on strict liability under innkeeper’s liability

This section applies to an accommodation provider’s liability under innkeeper’s liability for a loss of the guest’s property. The liability for the loss is limited to $250 for each accommodation unit provided for the use of the guest on the day of the loss, despite— the amount of the loss on the day; or the number of guests who, on the day, are provided with the use of the accommodation unit and suffer a loss of property. The room occupied by a married couple is robbed and the husband’s loss is a $200 camera and the wife’s loss is a $200 bag. If the accommodation provider is liable, the accommodation provider’s liability is limited to a total of $250 for both losses. Four backpackers occupy a room. Travellers cheques worth $500 are stolen from 1 backpacker and a watch worth $40 is stolen from another backpacker. The other 2 backpackers suffer no losses. If the accommodation provider is liable, the accommodation provider’s liability is limited to a total of $250 for the 2 backpackers who have suffered a loss. On day 1, a guest’s wallet is taken from the guest’s room, together with the $300 in the wallet. On day 3, the guest’s $60 bag is stolen from the room. If the accommodation provider is liable, the accommodation provider’s liability is limited to a total of $310—$250 for loss of the wallet and its contents on day 1 and $60 for the loss of the bag on day 3. Despite the limitation on the liability to $250, the accommodation provider’s liability is subject to the defences available at common law for an innkeeper, including the perils of travel defences. (sec.12-ssec.1) This section applies to an accommodation provider’s liability under innkeeper’s liability for a loss of the guest’s property. (sec.12-ssec.2) The liability for the loss is limited to $250 for each accommodation unit provided for the use of the guest on the day of the loss, despite— the amount of the loss on the day; or the number of guests who, on the day, are provided with the use of the accommodation unit and suffer a loss of property. The room occupied by a married couple is robbed and the husband’s loss is a $200 camera and the wife’s loss is a $200 bag. If the accommodation provider is liable, the accommodation provider’s liability is limited to a total of $250 for both losses. Four backpackers occupy a room. Travellers cheques worth $500 are stolen from 1 backpacker and a watch worth $40 is stolen from another backpacker. The other 2 backpackers suffer no losses. If the accommodation provider is liable, the accommodation provider’s liability is limited to a total of $250 for the 2 backpackers who have suffered a loss. On day 1, a guest’s wallet is taken from the guest’s room, together with the $300 in the wallet. On day 3, the guest’s $60 bag is stolen from the room. If the accommodation provider is liable, the accommodation provider’s liability is limited to a total of $310—$250 for loss of the wallet and its contents on day 1 and $60 for the loss of the bag on day 3. (sec.12-ssec.3) Despite the limitation on the liability to $250, the accommodation provider’s liability is subject to the defences available at common law for an innkeeper, including the perils of travel defences.