US-New YorkIs a hotel liable if my property is stolen from my room?
Yes, a hotel in New York may be liable for stolen property from your room, but only if it failed to exercise 'reasonable care' — and liability is capped at $500 unless you declared higher value in writing before check-in.
What the Law Says
New York law treats hotels as 'common carriers' for guests’ property and imposes specific duties and limits on liability for loss or theft.
Under New York General Business Law § 171, a hotel (called a 'proprietor of a hotel') is liable for loss or theft of a guest’s property only up to $500 — unless the guest gives written notice of the item’s higher value before depositing it with the hotel or before check-in.
The law requires the hotel to post a clear, legible notice of this $500 limit in the lobby and in each guest room. If the hotel fails to post the notice properly, the $500 cap may not apply.
Importantly, the hotel is *not* an insurer of your property. It only owes a duty of 'reasonable care' — meaning it must take ordinary, sensible steps to protect guest belongings (e.g., functioning locks, staff supervision, secure storage). Negligence — like leaving doors unlocked or ignoring suspicious activity — can trigger liability beyond the cap.
Statutory TextThe proprietor of a hotel is liable for the loss of, or damage to, the baggage of a guest only to the amount of five hundred dollars, unless the guest shall have given written notice to the proprietor, before depositing such baggage with him, of the value thereof in excess of that sum.
— General Business Law § 171 — Liability of hotel proprietors for loss of baggage
Statutory TextSuch proprietor shall post and keep posted, in a conspicuous place in the office or lobby of such hotel, and also in each bedroom therein, a printed notice stating such limitation of liability.
— General Business Law § 171 — Liability of hotel proprietors for loss of baggage
What Courts Have Said
New York courts have clarified when a hotel’s conduct falls below the 'reasonable care' standard — and when the statutory cap applies.
The court held that a hotel’s duty is not absolute; liability arises only upon proof of negligence — such as failure to maintain working locks or respond to known security risks.
The court enforced the $500 cap under GBL § 171 because the guest had not provided written notice of higher value — even though the stolen camera was worth $1,200.
What to Do
Immediately report the theft to hotel management — do this within 24 hours.
Ask to review security footage and file a written incident report with the hotel.
If your item is worth more than $500, confirm whether you gave written notice of its value *before* check-in (e.g., via reservation email or front desk log).
File a police report — required for insurance claims and potential civil action.
Act within 3 years: New York’s statute of limitations for property damage claims is 3 years (CPLR 214(4)).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.