§ 39-19-19. Conservation measures to property on loan
Unless there is a written agreement between the museum and the lender to the contrary, a museum may apply conservation measures to property on loan to the museum without the lender’s or claimant’s permission if immediate action is required to protect the property on loan or other property in the custody of the museum or if the property on loan is a hazard to the health and safety of the public or the museum staff and if any of the following apply:
The museum is unable to reach the lender or claimant at the lender’s or claimant’s last known address or phone number, and if action is to be taken within more than three (3) days, but less than one (1) week from the time the museum determined action was necessary;
The museum is unable to reach the lender or claimant at the lender’s or claimant’s last known phone number before taking action if the action is to be taken within three (3) days or less from the time the museum determined action was necessary; or
The lender or claimant does not respond or will not agree to the protective measures the museum recommends, yet is unwilling or unable to terminate the loan and retrieve the property.
If a museum applies conservation measures to property as provided by this section, or with the agreement of the lender and claimants, unless the agreement provides otherwise, the museum:
Has a lien on the property and on the proceeds of any disposition of the property for the costs incurred by the museum; and
Is not liable for injury to or loss of the property if the museum:
Had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the museum, or that the property on loan was a hazard to the health and safety of the public or the museum staff; and
Exercised reasonable care in the choice and application of conservation measures.
