
Airbnb denies liability after guests plunge two storeys from balcony - YeGoblynQueenne
https://www.theguardian.com/technology/2016/nov/29/airbnb-denies-liability-after-guests-plunge-two-storeys-from-balcony
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pedalpete
What hasn't been answered is why the balcony collapsed. Did the renters
overload the balcony which caused the collapse, in which case, they are
responsible? Or was the building in such a state of disrepair that it failed
structurally.

If it is the first, is AirBnb the responsible party? They may be responsible
for the cost to the host, as AirBnB provided the guests, but are they
responsible for the guests coverage? I'd think not.

If it is the latter, is AirBnB responsible for the state of the building?
Again, I'd suggest that it is the responsibility of the property owner to
ensure the property is safe. When I take a bus, I assume the bus is in a safe
state to be driven. If something fails and there is an accident, I don't go
the ticket seller suggesting that they were at fault because the bus was
unsafe.

The property owner's insurance might not pay the cost because the property was
being rented, but again, that isn't AirBnB's issue.

I fail to see where AirBnB can be faulted here.

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smileysteve
Most people listing on AirBNB or Uber are likely underinsured (esp for
commercial use), so both of the companies added additional riders that protect
the lister/users when the lister is under-insured.

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gr3yh47
This feels fairly obviously like liability may reasonably fall on the property
owner but certainly not on airbnb.

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woofyman
In the USA your insurance company would deny the claim and cancel your policy
unless you have a commercial policy.

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Dan_Nguyen
It still does not change liability though, only where the money will be coming
from.

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TheGrumpyBrit
There could well be a argument for "We booked this using your platform, you
have a duty to ensure that the properties you offer have the appropriate level
of insurance. In the absence of that insurance, you're jointly liable for the
shortfall."

It's more likely that they're just naming every possible party in their claim
so that one of them is more likely to settle. As they point out themselves,
Airbnb are a lucrative target who might well have decided that making the
whole thing go away is cheaper than the potential reputation cost if they
don't.

