Recent guest claiming bodily injury (due to his carelessness) since recent stay

[Julie1521]

Hello folks,

I am hoping you guys can comment on whether you've experienced the following:

As a bit of background I have been hosting for 5 years and have hosted many guests and achieved superhost status 19 times in a row.  Things have been going well and I've had no issue with my outside steps until last week.  I suppose the longer you do this hosting business you risk having a horrible person/ambulance chaser stay.  Mine stayed last week.

One day into his stay he texted me (not using the airbnb portal) to say he had slipped down the stairs and was in agony. He blamed the slippy state of the stairs. I immediately realised I shouldn't admit liability and get my housekeeper to take photos of the stairs. I also found out that it had been raining that day. I contacted him the next day to ask him how he was and he said he was “not too bad” and “amazed” he was up and about. He checked out as planned and there was no mention of going to the doctor although I had pointed out that if he wanted to contact the doctor the number was in the house instructions.

The next thing I heard was airbnb contacting me late one night (ended up having a sleepless night thanks to that!) to say he had put in a claim for bodily injury. I was shocked and also angry as, when I then heard from the claims handlers for Airbnb about his claim it was clear he had lied about the state of my stairs, saying they were covered in leaves and algae. I have photographic evidence to the contrary. Also, most importantly there has been no mention of the bannister that stretches the full length of the stairs. He didn't mention using that. If he had, it could have prevented his slip which could have been caused by his brand new boots (that he mentioned) or the fact he didn't take enough care walking down wet stairs. I immediately responded to the 13 questions sent to me by Broadspire and have had no response. I would like reassurance that I have provided enough evidence to fight his fraudulent and vindictive claim. I am feeling very stressed and lonely right now.

My other concern is that I have a pending review by the man. I can only imagine it is unpleasant and I have reached out to airbnb to act for support in checking this review and preventing its publish. I have had no response to this either.

After all these years of successful hosting it's a time like this that I wonder if it really is worth it. I am seriously considering withdrawing my house from the platform as, quite frankly, I don't need the stress. This has ruined my children's mid-term holiday as I have been very distracted by this situation and need reassurance and resolution soon.

Any tips on who I should escalate this to? Or anything I can do to help fight his claim?

Do you agree with me that I don't think he will be successful? My stairs are not in a state of disrepair, have a bannister and are evenly spaced. So I think his bruised ego has motivated his claim rather than the safety of my stairs. It all seems so vindictive.

Thanks in advance.

[Mike-And-Jane0]

@Julie1521 as you said yourself you have had 5 years of good guests so don't let one bad one ruin all of that.

Please do review this guest to help all your fellow hosts. It is a real shame that the claims culture is coming to the UK and I do hope Airbnb stand up to this guy. 

Finally have you informed your insurance company about the claim. It would be risky to rely on Airbnb alone.

[Branka-and-Silvia0]

@Julie1521  your guest hurt himself, he filed a claim to Airbnb, you proved there is nothing wrong with your stairs, Airbnb will deal with him. My opinion is - as he didn't end up in the hospital and was able to walk the same day and your stairs are in a good shape, his chances to get some money for his fall are pretty slim.

You can read about Airbnb host protection insurance here https://www.airbnb.ie/help/article/937/what-is-host-protection-insurance

[Amanda660]

I can’t offer any pearls of wisdom

or advice but I just wanted to say that I really feel for you and understand how anxious and upset you must be.  Was he a Scottish guest? 

[Lisa723]

@Julie1521 as @Mike-And-Jane0 suggested this is a matter for your liability insurer.

[Brian2036]

@Julie1521 

I’m sorry to hear about this. 

In the USA this sort of thing  is common, so common, in fact, that courts have become thoroughly weary of the whole thing.

Unfortunately many large corporations and insurance companies routinely settle “nuisance claims” for a few thousand dollars and it has become a steady source of income for a certain parasitic type of individual.

All that aside, I am thinking about posting a “Slippery When Wet” sign on my outside stairs along with a “Not Responsible For Accidents” sign.

You can’t disclaim liability in this country, but those who are looking for an insurance settlement are not usually the brightest bulbs in the chandelier and might be discouraged.

 The signage will be ugly and insulting to the vast majority of our guests so I’m hesitant. Maybe I can come up with something decorative and cute…

[Adayana0]

Hi @Julie1521 

Sorry to hear about what happened to you.

Have you got any updates on that? I am asking because just as today a guest filled a claim. I am new host and worried about what comes next. 

What happened in my case: I left the house with my son around 6pm and told my guest we would not come home till next day as we would be staying with my boyfriend. It rained during the night, the hallway door was open so floor got wet, guest got up during the night and slipped. I came home following day to check on her and offer help, she said she had gone to the drs to get evidence of the accident and was in  pain, and that she would not be able to work next day. She was up walking and eating (met her in the kitchen making a cuppa and eating grapes). I am stressed atm, too, because I am not sure what could happen and as a single mother going through uni I barely make enough to pay bills. 

I would love to hear from you if there was a final decision on your case.

Hope all is well with you.

Take care 

Thank you!

[Helen3]

Anyway important to note that Airbnb has liability insurance and therefore there are no financial implications for you. @Adayana0 

Did you have look at Airbnb's liability insurance policy (a link was provided earlier in this thread) to understand how it works. 

Not clear why the hallway  door being open would allow rainwater to come into your home ?