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I think this is about the third time this story has got to the front page and I find it interesting that most comments seem to focus on the personal responsibil

by ewood 11y ago

I think this is about the third time this story has got to the front page and I find it interesting that most comments seem to focus on the personal responsibility angle rather than the duty of care. The question is whether AirBnB and the homeowner can be seen to be providing a service much like a hotel. You have a reasonable expectation that hotels have procedures and systems in place to ensure the accommodation they provide is safe. There was a recent inquest in the UK (http://www.independent.co.uk/news/uk/home-news/corfu-carbon-monoxide-deaths-father-of-children-who-died-on-holiday-blames-thomas-cook-10210108.html http://www.independent.co.uk/news/uk/home-news/corfu-carbon-...) where the liability of a package holiday company in the deaths of children caused by a faulty boiler was examined, and where the hotel may have taken shortcuts in repairing the boiler. If this was an AirBnB property would we put the blame for the faulty boiler on the customer or the service provider?

jacquesm 11y ago
If the service provider (AirBNB host in this case) had done the repairs themselves or had let an unlicensed person work on that boiler then yes, they should be liable. If the work had been done by a licensed professional then their professional liability insurance would protect them from the fall-out of sloppy workmanship.
- larrys 11y ago
  "then their professional liability insurance would protect them from the fall-out of sloppy workmanship" Assumes the homeowner checks that the insurance for the professional is valid at the point the repair is made. Of course nobody does that. (They ask and are told they are insured. Maybe on a large project but on a small repair?) Along those lines I have a doctor that is practicing in a property that I own (commercial). As part of the lease (as with all tenants that I have) they are required to provide not only proof of insurance but to add my LLC as a named insured to the policy and provide what is known as an ACCORD certficate (as proof). They do have the insurance (I have seen the policy) but even after 2 months I have not been able to get them to get their agent to provide the ACCORD cert. So what am I supposed to do? Tell them to move out? In theory this needed to be provided prior to moving in. But as things like this go of course you give leeway and try not to be a hard ass. I am sure I will get the cert but there is liability for a brief time prior to receiving it. My point is all of this is real life and the difference between what is taught in school (or online) and what actually happens in business. [1] [1] And another tenant provided the CERT but named me personally instead of the LLC. And I've had cases where my own insurance company mixes up company names (there are several) on the policy and it's a constant battle to get all paperwork actually straight and in order (easy when you own 1 thing, much more difficult to keep track of when you own several or have multiple tenants).
will_brown 11y ago
In the US it is called joint and several liability and it could result in 100% liability for all parties in the supply chain. For example, if I purchase a defective product from a retail store and I am injured, I would be able to name the manufacturer, retailer and any other middlemen in the supply chain. If multiple parties are found to be liable, I can collect 100% from any 1 party (the deep pockets). It's not necessarily as unjust as it may sound because generally each liable party will be assigned a % of the fault/damages and the deep pockets can recoupe that from the other parties (as long as they have it, can't get blood from a stone).

by ewood 11y ago

jacquesm 11y ago

If the service provider (AirBNB host in this case) had done the repairs themselves or had let an unlicensed person work on that boiler then yes, they should be liable. If the work had been done by a licensed professional then their professional liability insurance would protect them from the fall-out of sloppy workmanship.

larrys 11y ago
"then their professional liability insurance would protect them from the fall-out of sloppy workmanship" Assumes the homeowner checks that the insurance for the professional is valid at the point the repair is made. Of course nobody does that. (They ask and are told they are insured. Maybe on a large project but on a small repair?) Along those lines I have a doctor that is practicing in a property that I own (commercial). As part of the lease (as with all tenants that I have) they are required to provide not only proof of insurance but to add my LLC as a named insured to the policy and provide what is known as an ACCORD certficate (as proof). They do have the insurance (I have seen the policy) but even after 2 months I have not been able to get them to get their agent to provide the ACCORD cert. So what am I supposed to do? Tell them to move out? In theory this needed to be provided prior to moving in. But as things like this go of course you give leeway and try not to be a hard ass. I am sure I will get the cert but there is liability for a brief time prior to receiving it. My point is all of this is real life and the difference between what is taught in school (or online) and what actually happens in business. [1] [1] And another tenant provided the CERT but named me personally instead of the LLC. And I've had cases where my own insurance company mixes up company names (there are several) on the policy and it's a constant battle to get all paperwork actually straight and in order (easy when you own 1 thing, much more difficult to keep track of when you own several or have multiple tenants).

will_brown 11y ago

In the US it is called joint and several liability and it could result in 100% liability for all parties in the supply chain. For example, if I purchase a defective product from a retail store and I am injured, I would be able to name the manufacturer, retailer and any other middlemen in the supply chain. If multiple parties are found to be liable, I can collect 100% from any 1 party (the deep pockets). It's not necessarily as unjust as it may sound because generally each liable party will be assigned a % of the fault/damages and the deep pockets can recoupe that from the other parties (as long as they have it, can't get blood from a stone).