Who Really Bears the Risk When You Stay in a Hotel?

When you walk into a hotel, you probably think about comfort, safety, or maybe the taste of the jollof rice on the menu. But have you ever asked yourself: What happens if your property goes missing? What if you get injured on the premises? Or if the hotel refuses you accommodation?

These questions aren’t just hypothetical. They cut to the heart of a legal framework that has evolved to regulate how hotel proprietors and guests relate. Unlike ordinary landlords whose duties are defined under common law torts, hotel owners in Nigeria operate under special statutory obligations.

Thanks to Nigeria’s colonial heritage, the English Innkeepers Act of 1878 first shaped these duties. But today, Nigerian states have developed their own versions. Lagos State, for instance, replaced the old Innkeepers Act with the Hotel Proprietors Law No. 6 of 1990, while states like Ogun, Kwara, Jigawa, and Rivers also run their own hotel-specific laws.

Let’s unpack what this means for you whether you’re a hotel guest, proprietor, or even a lawyer curious about hospitality law.

What Exactly is a “Hotel” in the Eyes of the Law?

The Hotel Proprietors Law of Lagos State (Section 12) gives a surprisingly broad definition:

• Guest houses

• Inns

• Motels

• Taverns

• Night clubs

• Restaurants (if inside the hotel premises)

But note: standalone restaurants like Mr. Biggs or Chicken Republic don’t count as hotels under this law. Also excluded are:

• School hostels

• Charity homes for the sick or destitute

• Correctional facilities

Meanwhile, the Hotel Licensing Law of Lagos (2010 Amendment) goes even further, including event centres and fast-food outlets. Still, for liability purposes, the narrower Hotel Proprietors Law definition applies.

The Big Duties Every Hotel Proprietor Owes You

1. Duty to Provide Accommodation (Section 1)

Every hotel must receive anyone who is:

• Able and willing to pay, and

• Fit in mind and state to be received

But there are exceptions. A proprietor can refuse you if:

• You can’t pay,

• You’re unruly, or

• The hotel is full.

In Browne v. Brandt (1902), a lodger stranded at 2 a.m. was refused because the inn was full. The court sided with the inn.

2. Duty to Ensure Safety of Guests (Section 2)

Hotels must take reasonable care for your safety. That covers:

• Defective staircases and lifts

• Food poisoning from bad meals

• Poor lighting that causes accidents

 In Campbell v. Shelbourne Hotel Ltd (1939), a guest injured himself in a dark passage. The hotel was held liable.

3. Duty to Protect Guest Property (Sections 3 & 4)

Hotels are responsible for loss or theft of your belongings except where:

• You were negligent (e.g., left valuables carelessly)

• The loss was caused by an “Act of God” or war

• It involves motor vehicles, unless a special contract was signed

In Imo Concorde Hotel v. Anya (1992), the hotel wasn’t liable for a stolen car since no contract for safekeeping existed.

The Limits: How Much Can You Actually Claim?

Here’s the shocker: the law caps hotel liability at ₦200 per item or ₦2,000 in total unless:

• The hotel was negligent,

• You expressly deposited the item for safekeeping, or

• The hotel refused to take custody when offered.

So, if your ₦2 million Rolex goes missing, don’t expect the law to fully cover it unless negligence is proven.

The Rights of Hotel Owners You Probably Didn’t Know

• Right of Lien: A hotel can legally detain your belongings if you owe bills. (But not the clothes you’re wearing at the time!)

• Right to Sell Abandoned Property: If you leave unpaid bills and abandon your property, the hotel can auction your belongings after 12 weeks, provided they advertise it in a newspaper.

Conclusion

Most hotel owners and even guests are completely unaware of these rules. That ignorance creates constant disputes, some of which escalate into litigation. In reality, your rights and obligations in a hotel are statutory, not just common sense or custom.

The next time you check into a hotel in Lagos or anywhere else in Nigeria, remember: there’s a whole legal system working quietly in the background to define what you and the proprietor owe each other.