With the holiday season here, many people (like me) are choosing alternatives to hotels when traveling.  One of my favorite sites is Airbnb.  I have used it in several major cities and for the most part had a great experience and saved money in the process.  Such was not the case for Zak Stone’s family.

Earlier this month, Mr. Stone wrote an essay about the worst experience anyone could have while renting a vacation home.  Here is an excerpt from his article published in online magazine Matter:

“The rope swing looked inviting. Photos of it on Airbnb brought my family to the cottage in Texas. Hanging from a tree as casually as baggy jeans, the swing was the essence of leisure, of Southern hospitality, of escape. When my father decided to give it a try on Thanksgiving morning, the trunk it was tied to broke in half and fell on his head, immediately ending most of his brain activity.”

Mr. Stone’s dad died a few hours later.  There is only one other tragic situation like this one where a woman in Taiwan, while renting a place listed on Airbnb was exposed to Carbon Monoxide poisoning.   Since Airbnb started to offer its liability coverage, over 8 million people had stayed with an airbnb host and only 50 claims had been filed.

Mr. Stone’s article has re-opened the debate of Airbnb’s liability for a host’s negligence.  Airbnb has always advertised itself as a community and the agent who connects a person seeking temporary stay to someone who wants to rent their place.  People know that while Airbnb has the same function as a hotel, it is a “private” alternative.

As a result, Airbnb should not be held to the same standard as a hotel.  When staying in someone’s house (especially when the host is not present), guests have and should have the expectation that it has not been inspected like a hotel.  Therefore, the law should respect the free market economy and not impose similar liability restrictions on companies like Airbnb.  Airbnb has stated that in order to avoid horrific situations like the two mentioned, they have started to educate hosts on safety issues – which is a great solution that still respects Airbnb’s intended function.