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.<p>There was a recent inquest in the UK (<a href="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" rel="nofollow">http://www.independent.co.uk/news/uk/home-news/corfu-carbon-...</a>) 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?
The interesting thing about this specific incident is that the son of the victim chose to not pursue any claim against AirBnb, so as to be free to talk about the incident.<p>This is why the article exists.<p>IMHO, clauses where a party forbids the other party to talk about the deal, should be made illegal, because as it is, companies with deep pockets can totally control the story.
A bit off topic, but AirBnB's big conference is going on right now. In Paris [1]. It's a complete coincidence, but probably means the issue we're talking about here is on their far back burner as they try to ensure the safe return of everyone there.<p>[1] <a href="http://www.inc.com/tess-townsend/thousands-of-airbnb-employees-and-hosts-caught-in-middle-of-paris-terrorist-atta.html" rel="nofollow">http://www.inc.com/tess-townsend/thousands-of-airbnb-employe...</a>
As a non-American who once spent a year living in the USA, I can't help but point out the downside of holding the owner of a swing liable when it kills someone:<p>Swings and related fairly dangerous toys are dissappearing from the US. In the year I spent there in 2001/2002, I saw two swings, in the same playground.
It's a tragic accident, I don't see much in terms of liability. If you use a swing hanging from an old tree then yes, something could fall on your head, why would that have to be somebody's fault or responsibility except for your own?
A little of topic, but if we're talking strict liabilities, and lawsuits?<p>In some cities, like San Francisco, you need to disclose in the sale of your home if anyone died in your house--even of natural causes.<p>Rediculious law? Something about Asian superstition? My grand mother died a natural death in here Richmond district home. The fancy realestate agent skipped through the house yelling, "You need to disclose the death!". I told my dad fine. We would have caught it eventually.<p>I did get his commission reduced 1 percent on the gleeful way he treats my father's/mine pain.<p>Why do realestate agents even exist anymore? 6-7 community college courses, and a easy test? I've never understood the need for them these days. A few years ago, the Realestae lobby got to Jerry Brown, and got him to sign a bill making it harder to become a Realestae broker. It exempted all the current cheerleaders who passed their broker's exam years ago.<p>What I found ironic, is the bill was presented to Arnold Schwartzeneger years ago, and he saw right through it. There was no problem with inexperienced brokers. The current brokers/cheerleaders just didn't want more competition, and wanted salespersons commissions.<p>That day I realized a good Republican is no different than a democrat.