Liability

[Lisa186]

Hi! I am wondering if there is liability with guests if something were to happen when using something included in the rental. Ex. A kayak or trampoline. Do I need liability insurance or do I my guests need to sign a waiver.

[Ash-and-Dasha0]

Both, and you should talk to a local lawyer who practices in the field of personal injury, or anything related to it. They'll be able to refer you to someone if that's not their area of practice. 

[Javier-And-Kym0]

Oh, you would very MUCH be sued.  Google, "attractive nuisance." Also, a person can not legally sign away their rights so there's no waiver that will protect you. You can look that up online too.  Honestly, I would put those items out of site of guests and not let anyone know about them.

[Ash-and-Dasha0]

@Javier-And-Kym0

Attractive nuisance doctrine is recognized in the US as a tort act for recovery of damages to CHILDREN who came onto the landowner's land because they were attracted their by an unsafe artificial condition and got injured on the land due to that dangerous condition. This is actually an exception to a general rule that a landowner owes no duty for dangerous conditions on his land to trespassers. Since children due to their age are unable to comprehend the danger and the bounty of other's property, this theory provides recovery for their injuries and requires a landowner to provide more safeguards against anticipated children-trespassers. 

The topic started is not in the US, so she should seek legal advice from local lawyers. What's applicable in the US is different in Guatemala. Simply putting away recreational items is not an answer. Even in the US we still engage in recreational activities and it's a common practice to sign liability waivers, which are by the way presumed to be valid. She can continue with providing additional recreational activities to guests if she takes appropriate safeguards by getting advice from a local legal counsel. 

[Gerry-And-Rashid0]

A waiver have zero impact or influence if you as the host are in any way negligent - so pretty pointless

[Karen769]

Recently had an incident this past weekend.  I received a txt last night from a guest who was the guest of the person who made the reservation.  She began stating that while driving out of my driveway her rear tire went off the curb causing her bumper to get pulled off.  Then she stated "on top of that, while heating up her cup of coffee for less than a minute she grabbed the cup and burned three of her fingers".  She said she had pictures and wanted to know if I needed to see them.  I was a bit taken back and really did not know how to respond.  I did, however, give her my sympathy and told her that I would look into the driveway situation.  I have never had anyone run off the driveway; it is actually fairly wide so she must be a pretty bad driver. 

I referred this to Airbnb and we spoke about it.  It was suggested that I might want to think about a waiver for guests to sign and that there are many hosts that has put this in place.  I know there are people out there who are out for monetary gain and although I do have insurance I am wondering if I need more.  HELP   

[Lawrene0]

Honestly, @Karen769? That was how they worded it? That you might want to think about a waiver for guests in case they overheat their coffee and drive badly? Was the rep otherwise helpful? Hope so. It was good that you contacted Airbnb proactively, I think. It sounds like that particular guest's guest was out to get you, and there is no waiver in the world that would protect you. Your kind but professional answer to the text may have put her off. You didn't jump to offer a refund, which may have been what she was looking for. 

I do have a little advice. Make sure you screenshot the texts and also get the gist of them into the messaging system. Something like, "I am just following up here to your friend's text regarding burning her fingers in her coffee and veering off our driveway. We have checked the driveway, and it is fine - wide as ever - and please tell her it is always good to be careful around hot coffee." 

I know that is more facetious than what you will write. Stick to your kind and professional tone and do replace my wording. 🙂 You will want a record of this, though, just in case the primary guest is disappointed there was no refund, and lashes out in the review. 

[Karen769]

Thanks so much!  Good advice about taking a screen shot.  I was contemplating reaching out to the primary guest who made the reservation regarding the issue.  Yes, I was very sympathetic to her unfortunate ordeal.  Geez, some people!  Thanks for the input.  I really appreciate it. 

[Shelley112]

Hello, we are just getting ready to list our house but I saw the comments regarding a trampoline and waivers and insurance/liability. We are in Canada and our unit does have a trampoline, does anyone know if waivers are even effective here, where a person gets them from (a lawyer, or...?). Does anyone out there know what kind of specific insurance we would need to cover an injury incurred via the use of a trampoline? We use the house half the time and we have kids so we were not wanting to remove it....

Any advice for a newbie?

thank you!