1. Did the innkeeper post a notice in the guests’ room, in a conspicuous manner, of the availability of safety deposit boxes for valuables?

2. What is the effect of an innkeeper’s failure to post a “conspicuous notice” in a guest’s room?

While traveling from Florida to Connecticut, Mr. and Mrs. Ippolito stopped in Walterboro, South Carolina, and paid for a room at a Holiday Inn. At the hotel, Mr. Ippolito signed a registration card on which was written, “The management is not responsible for any valuables not secured in safety deposit boxes provided at the front office.” In addition to the language on the registration card, notice that the hotel had safety deposit boxes available for guests’ valuables was also printed on the pouch that enclosed the key-card to the Ippolitos’ room. After bringing their luggage to the room, the Ippolitos walked to a nearby restaurant, and they returned approximately 40 minutes later. Upon their return, they noticed that pieces of their luggage, which contained jewelry valued at over $500,000 and approximately $8,000 in cash, were missing. The Ippolitos sued the innkeeper, alleging that their property loss resulted from “… the negligence, gross negligence, reckless, willful, wanton and careless action …” of Innkeeper, including “… failing to post proper notices as required under South Carolina law.”  

The state’s innkeeper statute requires the innkeeper to post notice in a “conspicuous manner” in the room occupied by the guest, and the guest must deposit money and jewels in the office safe. The Ippolitos testified that they did not see any notice of safety deposit boxes posted in their room. Police officer Sadler testified that, although he made no mention of it in his police report, he saw a notice posted on the back of the hotel room door indicating that the innkeeper had safety deposit boxes available. The jury awarded the Ippolitos $350,000 in actual damages. However, the jury found that the Ippolitos were 40 percent comparatively negligent, and reduced the award to $210,000. The hotel appealed.

JUDICIAL OPINION

HEARN, C. J.… At trial, Mrs. Ippolito testified that, prior to the disappearance of their belongings, she looked around the hotel room for notice of the availability of hotel safety deposit boxes for her valuables, but saw no such notice. Mr. Ippolito also testified he did not see any notice of the availability of safety deposit boxes posted in the room; however, he admitted that if such notice was posted, he may have overlooked it. Despite not seeing a notice in the room, Mr. Ippolito testified he was aware that Innkeeper provided safety deposit boxes, but he chose not to request a box from the Innkeeper because “[he] felt that the less anybody knew what [he] had[,] the better.”

Innkeeper provided testimony from several of its former and current employees regarding its security procedures and its dedication to adhering to those procedures, particularly for providing guests with notice of the availability of safety deposit boxes. Officer Arthur McTeer Sadler, who investigated the incident, also testified on Innkeeper’s behalf, claiming that although he made no mention of it in his incident report, he saw a notice posted on the back of the hotel room door indicating Innkeeper had safety deposit boxes available.