Can guests sue hosts for injuries?

[Angela46]

Hello, I have a host friend who's guest was severly injured on their property. Would their guest sue or file a claim with Air BB? Or does the host and guest have to work it out with their homeowner's insurance and what if they don't have home owner insurance?

[Paul-And-Raymond0]

Airbnb provides $1million in liability insurance - but I doubt that this would be enough in serious, long term injuries (becoming a quadriplegiac, for example). Get your friend to contact Airbnb urgently. If it was a case where the host did not look after the property (broken stair that the shot was aware of but had not repaired) then Airbnb's insurance will possibly void hte claim. I have $20million extra public liability insurance in case there is an incident where the emdical bills would be above the Airbnb one million limit.

[Paul0]

Hi @Angela46,

A Guest could possibly sue a Host in the right unfortunate circumstances.

Adding to @Paul-And-Raymond0's good advice.  I've generally informed a few 'in strife' Hosts to enthuse their Guests to test the full length of their Travel Insurance in these situations and luckily it has been a non-event for the Host.

Cheers,

Paul

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[Ana7]

@Paul0  do you think the host could have in their listing a disclaimer / line saying e.g. "Please make sure you have your travel insurance" or similar? How to put it?

[Paul0]

You could although it is not compulsory for a Traveller / Guest to do so.  The only true solution if it is a huge concern for you is to call around to some local insurance providers and get some serious coverage.

Cheers,

Paul

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[Gerry-And-Rashid0]

The guest would sue the property owner if they wish to do so - they are running a business from their home and need to have the necesary protection and insurance in place to allow them to do so. If they don't then they may have some problems....

It also depends somewhat on how the injuries were sustained. For example it it was negligence on behalf of the guest then they may not have a case, or if they broke the house rules and were injured doing so then same applies. An example might be no use of the pool after 11pm due to lack of lighting etc and guest decides to use pool anyway and slips. Well, they ignored the warning.

[Jennifer610]

Abnb informed me that the host protection covers things like bed bugs, driveway car dents, pollution and such. But offers no protection for injury or death. 

[Ioannis21]

Does anyone have a legal disclaimer template to share ? 

[Letti0]

Here is what my lawyer wrote for me:

• Liability Release– Guests, for themselves and their respective heirs, personal representative, successors and assigns hereby release the Owners of this property and their respective employees, sureties, insurer, attorneys, successors and assigns from all claims, demands, and/or causes of action the Guest has, or may have in the future, for any matter, cause or anything whatsoever resulting from, or in connection with, the property identified in this Rental Agreement, including without limitation any claim, demand, suit or cause of action which may be awarded.
  Neither the Owners of the property, are liable for any damages to Guest or Guest's property caused by acts beyond Owners' control including, but not limited to, Acts of God, military action strikes, revolution, pest invasion, inclement weather, vandalism or personal injury. If any defects or hazardous conditions are discovered on the property, Guest will notify the Owner at once.
  Guest acknowledges his/her awareness of the following potentially hazardous conditions on the property: (a) there are or may be steps between interior levels which may not be obvious because of the flooring materials employed; (b) tile around the pool if present, or around the any tub or shower in the bathrooms, can be slippery when wet; (c) art niches in walls can be hazardous to crawling or very young children.
  Guest agrees to use due care in the use of the premises, and waives any claim against Owner with respect to the condition of the premises, other than claims resulting solely from Owner's or their Employee's gross negligence or intentional misconduct. The property has a pool, Guest further agrees that he/she will not permit running or dangerous play around the pool or on the pool deck and will indemnify and hold Owner harmless from any injuries resulting from these actions.

[Brandy19]

 Live Oak do you have persons sign this then?

[David126]

No harm in having such Waivers, may scare off a claimant, but not one with a Lawyer.

[Letti0]

I have commerical insurance on the whole property, since I do weddings and events. If the person goes for a lawyer, I would be covered there. 

[Kandi1]

Smart. Commercial insurance is smart.

[Letti0]

It's part of the rental  agreement they must sign.