Slip and Fall: Guest Slipped in the Shower: The Difference Between ‘Premise Liability’ and ‘Negligence’

I received a legal summons because a guest slipped in the shower and broke their hip. They are alleging “negligence” because I didn’t have a grab bar or a non-slip mat. My insurance agent is acting shaky because I never disclosed the property was a “short-term rental,” and now they are investigating my “intent to run a business.”

Key Takeaways

  • Commercial Exclusion: If your policy doesn’t know you are Airbnb-ing, a slip-and-fall claim is the #1 reason for claim denial and policy cancellation.
  • Negligence vs. Accident: The lawsuit isn’t about bad luck; it’s claiming you failed to make the property safe (e.g., no bath mat, loose railing).
  • Medical Payments (MedPay): A good policy has “MedPay” ( 5k−5k− 10k) to cover immediate bills without admitting fault. This often stops a lawsuit before it starts.
  • Duty to Defend: You need a policy that pays for the lawyer, not just the settlement. Legal fees can hit $50k before a trial even starts.

The “Why” (The Trap)

The trap is the “Business Activity” Clause.

A standard homeowner’s policy covers personal liability (e.g., you accidentally trip someone). It does not cover liability arising from a business. Taking money for a stay makes it a business. If you don’t have a “Short-Term Rental Endorsement” or a Commercial Policy, you are uninsured for this accident.

The Investigation: I Called Them

I compared liability responses for a “shower slip” scenario.

  • Proper Insurance (Commercial CGL): They cover this under “Premises Liability.” Because it’s a commercial policy, they expect guests to be there. They emphasized their “Duty to Defend”—they hire the lawyer.
  • Lemonade (Homeowners + Add-on): I asked about their “host” add-on. It provides some coverage, but the limits are often lower. The agent hesitated when I asked about “loss of earnings” if the guest sues.
  • State Farm (Personal Umbrella): I asked if my $1M umbrella policy covers an Airbnb guest. The answer: “Only if the underlying policy covers it.” If the home policy denies the ‘business’ claim, the umbrella denies it too.

Comparison Table: Liability Defense

FeatureCommercial Policy (Proper/CBIZ)Standard Home + EndorsementAirbnb AirCover
Defense CounselProvidedProvided (If endorsed)Provided
Limit$1M – $2M$300k – $500k$1M
MedPay (No Fault)$5,000 – $10,000$1,000 – $5,000Varies
Business IntentFully CoveredRisk of DenialCovered

[IMAGE: Infographic showing the chain of coverage: Primary Policy -> Umbrella Policy -> Personal Assets]

Step-by-Step Action Plan

  1. Install Safety Features: Go buy non-slip mats for every tub ($20). Tighten every handrail. These are cheap fixes that defeat “negligence” claims.
  2. Verify Your “Liability Limit”: Do not settle for $300k. In 2026, medical costs are astronomical. You need at least $1,000,000 in liability coverage.
  3. Disclose the Rental: Call your agent today. If they don’t know you Airbnb, tell them. If they drop you, you needed to leave anyway.
  4. Check AirCover’s Status: If you have 6+ listings, remember AirCover is secondary. You need your own primary insurance to respond first.

FAQ

Does a waiver in my digital guidebook protect me?
Not really. You cannot sign away “gross negligence.” If the floor was rotted and you knew it, a waiver won’t save you.

What is MedPay?
“Medical Payments to Others.” It’s a “goodwill” payout (e.g., $5,000) for the ambulance/ER bill. It doesn’t require the guest to sue you. Using this quickly can often prevent a larger lawsuit.

Will AirCover settle or fight?
AirCover’s insurers prefer to settle quickly to keep costs down. This is usually good for you, but it goes on your claims record.

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