Premises Liability: “Shoot at a Rented Hotel: Damage Liability.”

We were filming a content collab in a high-end suite. We put towels down, but red hair dye and body oil still soaked through to the mattress and stained the carpet. The hotel manager didn’t just kick us out; they charged my card $4,500 for “hazmat cleaning” and furniture replacement. I tried to claim it on my business insurance, but the adjuster pointed to the “Care, Custody, or Control” exclusion.

Key Takeaways

  • General Liability Has a Huge Gap: Standard liability policies cover damage you do to other people’s property, BUT usually exclude property that is temporarily in your “Care, Custody, or Control” (like a rented hotel room).
  • Hotel Damage is “Contractual”: The hotel charges you based on the rental agreement. Insurance often excludes “contractual liability” unless specifically endorsed.
  • You Need “Damage to Rented Premises”: This is a specific sub-limit within a General Liability policy. It is often capped at $50k or $100k.
  • Short-Term Policies Work Best: For one-off shoots, buying a 24-hour event policy is often safer and cheaper than risking your annual policy.

The “Why” (The Trap): The “Care, Custody, Control” Exclusion

This is the most painful clause in insurance. It essentially says: “We will pay if you break a stranger’s window. But if you rent the room, you are responsible for it, so we won’t pay if you break the room.”

Because you are renting the suite, it is in your “custody.” Therefore, standard Property Damage coverage does not apply. You need to check your policy for a line item specifically called “Damage to Premises Rented to You” (sometimes called Fire Legal Liability). If this limit is $0, you are self-insuring that hotel room.

The Investigation: “I Called Them”

I looked for insurance that covers a creator who accidentally trashes a location.

1. Thimble (On-Demand Insurance)

  • The Experiment: I bought a policy for a 4-hour window.
  • The Clause: Their General Liability policy includes a $100,000 limit for “Damage to Rented Premises.”
  • My Analysis: Perfect for hotel shoots. It costs ~$25 for the day. If you wreck the carpet, this section kicks in.

2. The Event Helper (Special Event)

  • The Experiment: I quoted a “Private Event” for 5 people.
  • The Clause: Designed for weddings, but works for shoots. It covers the venue specifically.
  • My Analysis: Good, but you have to be careful about the “Commercial Use” definition. If you say it’s a “film production,” the price jumps.

3. Personal Credit Card “Travel” Insurance

  • The Experiment: I checked the benefits of my Amex Platinum.
  • The Reality: It covers stolen luggage or accidental death. It does not cover liability for damaging the room. Do not rely on your credit card for this.

Comparison Table: Liability for Rented Spaces

Policy TypeDamage to Premises LimitCostBest For
Standard GL (Annual)Check Declarations (Often $50k)$300+/yrFull-time creators
Thimble (On-Demand)$100,000~$25/eventHotel/Airbnb shoots
Homeowners/Renters$0 (Business Exclusion)N/AResidential living only
Credit Card Protection$0FreeNothing

Step-by-Step Action Plan

  1. Inspect Before You Shoot: Walk the room with your phone camera on. Record the existing stains. This prevents the hotel from pinning old damage on you.
  2. Buy On-Demand Liability: Before you check in, buy a 1-day policy from Thimble or similar. Download the Certificate of Insurance (COI) to your phone.
  3. Lay Down Protection: Insurance is the backup. Tarps and heavy blankets are the primary defense. If you are using oils or dyes, bring a waterproof layer.
  4. If Damage Happens: Notify the hotel immediately. Do not hide it. If you have insurance, get the hotel manager to write an incident report. You need this report to file your claim.

FAQ

Q: Does Airbnb AirCover protect me?
A: AirCover protects the host, not you. If AirCover pays the host for your damage, Airbnb will come after you to repay them.

Q: What if the damage is from bodily fluids?
A: This gets tricky. Some policies exclude “pollutants” or biological matter. Check if your policy has a “Communicable Disease” or “Biological Agents” exclusion. Standard water damage/breakage is easier to claim.

Q: Can the hotel sue me for “Loss of Revenue”?
A: Yes. If the room is out of commission for a week, they can sue for that lost income. Make sure your Liability policy covers “Loss of Use” of the rented premises.

[IMAGE: A screenshot of a “Certificate of Liability Insurance” (ACORD 25) circling the “Damage to Rented Premises” box with a $100,000 limit.]


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