Airbnb denies liability after guests plunge two storeys from balcony | Hacker News Reader

Airbnb denies liability after guests plunge two storeys from balcony

theguardian.com

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.

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.

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

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

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

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.

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