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Comment by jzwinck | Hacker News Reader

It is horrible what happened to the author's father. But it is also inevitable. Like a morbid million monkeys mashing away on keyboards, operating at scale in meatspace all but guarantees that someone will die whilst using the service.

In America we have become accustomed to guard rails everywhere, and signs announcing the smallest hazards. This is OK so far as it goes, but perhaps it makes us a bit soft. Here we read about a tree swing that fell down when a full grown man used it. At least 90% [1] of tree swings in America are built without professional engineering or even inspection.

I'm not apologizing for the host in this case, but I do think that some people are open to living in a world where not every conceivable danger has been mitigated. The hard part is finding anyone so willing once a freak accident happens to them.

[1] I'm lowballing this estimate so much that it should be obviously true to anyone who grew up in the non-urban US.

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You're missing the point. Airbnb does not assume any responsibility when it comes to inspecting the "soundness" of a listed unit, including any means of evaluating very basic things like working fire alarms, interior mold, bed bugs, etc.

I agree that this was something of a freak accident, but that doesn't invalidate the central argument that Airbnb has no real way to ensure even the most basic level of safety of its guests.

Of course they don't. That's why they don't assume any responsibility for it.

So this begs the question...why would any sane human being decide to risk staying at a home with no safety record or proof of fire/mold/bed bug inspection to speak of?

I think potential guests need to be more aware that renting an Airbnb is nothing like booking a hotel subject to rigorous safety standard governed by law. Part of the purpose of this story is to point that out.

Lots of people travel to places outside the US where none of these things can be taken for granted. I think most of them are sane humans.

In 2013 two people died in a Best Western hotel (in the US) due to an improperly and illegally installed water heater. Seven weeks after that, one more person was killed in the exact same way, in the very same room. [1]

Are you sure conventional hotels "ensure" safety?

[1] http://www.charlotteobserver.com/news/special-reports/nc-med...

If you really believe the average Airbnb listing is safer than the average hotel room...then you are certainly not a sane human being.

But I too would love to see some objective stats from Airbnb on the number and nature of inbound tickets related to serious safety issues from guests. I doubt we will ever see anything like it.

I have never heard or expected that hotels are especially safe.

If the argument is that _everything_ is inherently caveat emptor and that in many jurisdictions there are no / inefficient regulations and yet people seem to get along "fine" then why regulate anything at all? Open slather! Everything's "at your own risk".

If so, we should all get used to conducting our own safety tests on everything we buy and everywhere we stay? Although, that would be pretty damn inconvenient, wouldn't it? Day-in, day-out, inspecting everywhere we stay, every vehicle we ride in, all the food we eat... and the restaurants we eat them in...

Maybe there's a solution. Perhaps we could hire people to do those inspections for us, and since those inspections would inform everyone, we can communally pay for it with taxes? These people would certify whether something was safe, and ensure everything that was for sale / rent was certified to meet some minimum standard (because of course, otherwise some unscrupulous people might be inclined to lie about being certified.)

Problem solved! I'm a genius. Oh, wait a minute...

I can't work out if the libertarians here are against regulations entirely or just against the ones that affect profits.

I think the primary answer to your question is "because that's exactly the same as the situation in their own home where they live for most of the year".

Is your home inspected and polished to the level of a hotel? If not, why is your concern the one week you spend in a flat that airbnb is connected with?

Because you are at an information disadvantage. I know if my floor is slippery, the smoke detector has a battery in it, if there has been a burning smell from the fridge or the fuses have been tripping.

> freak accident

No, it wasn't. What is more likely: that the tree became structurally unsound overnight, or that it had been like that for a long time, and an inspection had ever been carried out?

Way more likely that no inspection has ever been carried out.

But the freak-nature of this accident still stands. 100,000 people could go find their nearest (un-inspected) tire swing right now and have at it. Maybe 500 would break at that moment. 450 of those would end up in a slight bruise on the ass, another 49 with a broken bone, and one poor soul would die from it.

Limb dropping is not well understood and can happen at any time. There is no inspection that can predict limb drop. No tree rope swing can be assured as safe.

This is the core fact.

Assume airbnb has to go inspect a property before any use by a customer. The tire swing passes. Do they come back once a month/year to re-verify the property is safe? Do they say "Once a man was killed by a tire swing so all tire swings must be removed or using one is not covered by insurance". The 2nd scenario is far more likely.

I too feel sorry for the author but the world is not a perfectly safe place. If anything I think it has become SO safe in many 1st world countries that we are incredibly offended and angered by the rare chance death that occurs from incidents like this and we are searching for someone to blame because then it makes it seem preventable.

How is that different than a tourist office providing you with addresses for nearby bed-and-breakfasts?

My guess is that the bed and breakfasts are permitted, licensed and subject to inspection.

Here's a link from a quick google search:

http://www.co.shasta.ca.us/index/drm_index/eh_index/ehd_prog...

"Permits are required to operate organized camps, hotels, motels, boarding homes, and bed & breakfast establishments in both the County and the cities. The purpose is to administer provisions of the State Housing Law and Health & Safety Code pertaining to the maintenance, sanitation, ventilation, and use or occupancy of residential rental facilities. Inspections are made on an annual basis. An application for a Permit to Operate is to be filed with the EHD along with the appropriate fee."

I don't think it's unreasonable to insist on a difference standard for inspection and compliance once a home is converted into a commercial enterprise.

I agree, but hadn't realised B&B were regulated.

The non-air bed-and-breakfast industry is quoted in the article:

"Had the hosts of the Texas property opted to become part of a community of more traditional B&Bs, they would have encountered a cumbersome but rigorous process, according to the Texas Bed and Breakfast Association’s executive director Connie Hall. “For new members, they are inspected with an overnight stay, and then every two years, our properties are inspected,” she says, covering everything from cleanliness to decor, and ensuring that individual rooms have a deadbolt, smoke detectors are functioning, and landscaping seems safe. “As far as the safety stuff, it’s mandatory for our members that they meet all these criteria,” adds Hall."

You put my thoughts more gracefully than i ever could have.

We have this swing in our family garden: http://i.imgur.com/FsrfdVK.jpg http://i.imgur.com/v6zx0d2.jpg

It has not for over 40 years, but someday it may kill someone. Everyone who steps near it knows this and treats it accordingly. Small children use it, after we do some spring tests that the rope, hooks and wood are fine this year. Adults maybe sit on it, not swinging, careful to keep plenty weights on the feet, just to enjoy the view or catch a breath.

Nobody would even remotely consider blaming anyone if something happened to anyone while using it. The world is a dangerous place and everything done carries some risk.

I don't know whether he did correlate your thoughts. Going by your analogy, it's not the same is it?

You have a very large incentive to ensuring it's safe, your family. An airbnb host might not treat a temporary guest's safety, the same way.

What I got from the skinny of that general article and from all of my experiences at Airbnb is that: You will get the feeling that you would get at living at a family member's house, but you are not in one, ever. Therefore, maybe then, the host's liability should be treated that way, a service provider.

P.S: I intend to keep on using airbnb for the very long foreseeable future.

The point is we don't, except for cursory checks, since we expect and know that anyone going near it has some consciousness of self-responsibility.

you're assuming that children that don't have the ability to exercise some consciousness of self-responsibility are always accompanied by adults that do.

Any case, cool swing dude. I have to get mine replaced and maybe upholster the seat . I too have the board and want to make it more comfortable.

> Nobody would even remotely consider blaming anyone if something happened to anyone while using it.

I think it's all fun and games until emergency bills start coming in. If you ever encounter that situation, the law takes the victim's side, unless you can prove in court of law that reasonable safeguards have been insured

http://www.attorneys.com/personal-injury/slip-and-fall/can-y...

"To win a slip and fall personal injury lawsuit, you need to show that the property owner or tenant was negligent, meaning some action they took or failed to take caused the fall. With such trips, time is usually an important component in proving negligence. For example, how long was the hazard there and was it reasonable to believe that the property owner should have discovered the situation and remedied it before an accident occurred?"

Liability insurance is not exactly a new product, and an agent underwriting it will usually ask questions about swings, trampolines and other items their actuaries deemed relevant.

Of course, once you buy it (for a 12-month period), you'd have to amortize the cost of it in your rental listings, which somewhat removes the price allure.

People slip, fall and suffer under things falling on top of them.

Liability insurance is not exactly a new product. Underwriters that sell it do ask questions about swings, trampolines and other liability-generating items.

could i have resumed your post with "shit happens, sad though." ?

IMO yes, and it would have been a perfectly correct way of putting it, but people are... sensitive about truths like this one, hence the need of an elongated, delicate approach.

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