Property is generally deemed to have been abandoned if it is found in a place where the true owner likely intended to leave it, but is in such a condition that it is apparent that he or she has no intention of returning to claim
A hospitality facility will only be responsible for the items included in the created bailment relationship. This also means the facility does not take responsibility for the items inside bailed property such as an expensive camera in a bailed car. However, managers should still take some level of care of the guests' possessions to avoid being accused for negligence.
The legal concept bailment indicates the delivery of an item for some purpose, and it should be returned in the same or similar condition in which it was received when the purpose has been completed. Examples of bailment include coat checks, valet parking, safety deposit boxes, laundry, luggage storage and delivery. A hospitality facility will only be held responsible when a bailment relationship is created.
When a hotel wants to take advantage of a state's laws limiting its liability for a guest's properties, the first thing to do is to post the notice in not less than 10 conspicuous places in the hotel (e.g., office, sitting room, bar room, and washroom). The hotel should also provide a secure safe where the guests can keep their valuables during their stay. Reasonably safe room with suitable locks for doors and windows should also be provided.
Because a hotel is not a bank, the Ohio statute allows the innkeeper not to be liable for the safety of an unlimited amount of personal property. Most states also establish a dollar limit on the replacement value of a guest's luggage, because it is impossible to know the certain items that may have been contained in it. But when the loss of a guest's property is due to the innkeeper's negligence, the statute limiting liability will become ineffective.