A guest group is suing me claiming they all contracted “Hot Tub Folliculitis” (a nasty skin infection) from my spa. They have medical reports and are claiming I didn’t maintain the chemical balance. My insurer says my policy excludes “communicable diseases” and “unfenced water features.”
Key Takeaways
- The “Communicable Disease” Exclusion: Many policies added this after 2020. It excludes liability for bacteria, viruses, or infections transmitted on the property.
- Pool & Spa Endorsements: If your insurance doesn’t specifically list the hot tub as an “insured structure/amenity,” liability arising from it is often excluded.
- Chemical Logs are Evidence: In a lawsuit, if you cannot produce a log showing you checked the chemicals before their stay, you are automatically “negligent.”
- AirCover’s Silence: AirCover is vague on “illness” vs “injury.” A broken leg is an injury; a rash is an illness.
The “Why” (The Trap)
The trap is the “Maintenance vs. Accident” argument.
Insurers argue that a bacterial infection is due to improper maintenance (your fault), not an accident. Combined with “Communicable Disease” exclusions, they have a strong case to deny coverage. Also, many standard policies have strict fencing requirements for pools/tubs that Airbnbs often violate for aesthetic reasons.
The Investigation: I Called Them
- Proper Insurance: I asked about the “Hot Tub Rash” scenario. The underwriter confirmed that their commercial package includes liability for amenities if they are disclosed. They do not have a standard “communicable disease” exclusion for things like Legionnaires or Folliculitis in the same way residential policies do.
- Farmers (Landlord): The agent asked, “Is the hot tub fenced with a self-locking gate?” When I said “No, it’s on the deck,” she said, “That would likely be an eligibility failure. We wouldn’t cover a claim there.”
- Niche Carriers (can’t name specific one here, but general market): Many exclude “water liability” unless you pay extra.
Comparison Table: Amenity Liability
| Feature | Commercial STR Policy | Standard Homeowner | Airbnb AirCover |
| Hot Tub Liability | Included (Must Disclose) | Excluded (Unless Endorsed) | Included |
| Communicable Disease | Varies (Check policy) | Excluded | Unclear/Likely Excluded |
| Fencing Requirement | Flexible (Commercial standards) | Strict (Residential code) | N/A |
[IMAGE: A digital logbook app screenshot showing pH and Chlorine levels with timestamps]
Step-by-Step Action Plan
- Digital Chemical Monitors: Install a smart water monitor (like Sutro or pHin) that logs water quality automatically to the cloud. This is your legal defense.
- Disclose the Tub: Ensure your insurance carrier knows the tub exists. If they don’t know, they don’t cover it.
- Post Safety Rules: Place a physical sign by the tub: “Shower before entering. Use at own risk.”
- Hire a Pool Guy: Even if you can do it yourself, paying a professional creates a liability buffer. If the water is bad, you can potentially subrogate the claim to their insurance.
FAQ
Is a hot tub rash considered “Bodily Injury”?
Legally, yes. But insurance definitions vary. Some policies exclude “sickness and disease” from bodily injury.
Does AirCover cover the hot tub breaking?
Only if a guest breaks it (e.g., jumps on the cover). It does not cover the heater burning out or the pump failing.
Can I use a liability waiver for the Hot Tub?
It helps, but it’s not a shield against negligence. If the water had zero chlorine, the waiver is useless.