Airbnb hosts beware! You could be sued if a guest is injured at your property.
In 2013, the Stone family rented an Airbnb property in Austin, Texas. When Mr. Stone sat on a rope tree-swing at the property, the tree broke in half and fell on him. Mr. Stone died as a result. The Stone family sued the Airbnb hosts and negotiated a settlement for an undisclosed amount.[1]
In 2020, an Ontario man rented an Airbnb property in Ottawa. Unfortunately, the man fell down a spiral staircase at the property and suffered a traumatic brain injury. A civil action against Airbnb and the host is ongoing.[2]
If you rent property on Airbnb, you should anticipate being sued if a guest is injured at your property. However, in New Brunswick, a host is only liable for a guest’s injury if they failed to provide “reasonably safe premises for the purposes contemplated… [and if the] failure was the cause or contributing cause of the plaintiff’s injury”.[3]
Although homeowners’ insurance policies often include “liability coverage” to protect the homeowners against lawsuits, lawsuits related to Airbnb rentals may be excluded. Many insurers, such as Wawanesa and Aviva, now offer specialty insurance policies designed for people renting their properties short-term.[4]
Fortunately, Airbnb now provides “Host Liability Insurance” that insures Canadian hosts against legal liability for bodily injury or property damage suffered by guests during their stay (subject to various terms, conditions and exclusions).[5] The policy covers hosts for up to $1 million USD per occurrence.
If you suffered an injury while renting an Airbnb property, contact Moss Hachey Law’s personal injury lawyers for a free consultation to determine if you are eligible for compensation.
Please be aware that there are exceptions to the rules summarized above. This blog entry contains information of a general nature only and should not be relied on for legal advice. The information is current only to the date of publication and may be subject to change.
[1] Living and Dying on Airbnb. My dad died in an Airbnb rental, and… | by Zak Stone | Matter | Medium
[3] McAllister (Litigation Guardian of) v. Wal-Mart Canada Inc., [2000] N.B.J. No. 300 at para 22.
[4] Four markets for Airbnb coverage (canadianunderwriter.ca)
[5] https://www.airbnb.ca/help/article/3145/host-liability-insurance-program-summary
