“The liability of innkeepers, carriers, and stable keepers, at Roman law, was provided for in the praetor’s edict. They were under an obligation to restore all goods which the guests or passengers had with them, or left in their charge, and they could not defend themselves by showing the utmost degree of diligence. Unavoidable accident, which no human prudence would avert or provide against, damnum fatale, or overwhelming force, vis maior, were, however, an adequate defense …. It was particularly noted that theft by a third person would not be permitted as a defense and the reason assigned was the fact that travelers have scarcely any chance to protect themselves against collusion between the innkeeper and the thief.” Max Radin, Handbook of Roman Law 254 (1927).
damnum fatale
damnum fatale (dam-n[schwa]m f[schwa]-tay-lee). [Latin “unavoidable damage”] Roman law. Damage caused by an unavoidable circumstance, such as a storm or a shipwreck, for which bailees or others will not be held liable. • But an exception was made for damages resulting from theft.
