A guest was asleep when an intruder picked the lock on the back door and assaulted them. It is a horrific situation. While the police handle the criminal side, the guest’s civil lawyer is suing me for “Negligent Security,” claiming the locks were cheap and the motion lights were broken. My insurer is hesitant to respond, citing the “Assault and Battery Exclusion.”
Key Takeaways
- Negligent Security: Hosts are liable if they fail to provide “reasonable security” (working locks, lighting).
- The “Assault & Battery” Exclusion: Many lower-tier liability policies explicitly exclude coverage for physical assaults, even if committed by a third party.
- Duty of Care: You have a higher duty of care than a regular homeowner because you are running a business.
- AirCover’s Response: Airbnb takes these claims very seriously and often handles them, but if you were negligent (e.g., the lock was broken and you knew it), they may seek reimbursement from you.
The “Why” (The Trap)
The trap is the “Assault & Battery Exclusion” found in many General Liability policies.
Insurers know that assault claims lead to massive jury awards (emotional distress, PTSD). To protect themselves, they add a clause saying they will not pay for claims arising from assault, battery, or sexual misconduct. If your policy has this, you have zero defense funds for this lawsuit.
The Investigation: I Called Them
- USLI (Commercial): They are one of the few that offer a “buy-back” for Assault & Battery coverage. I asked for a quote. It added $150/year, but it provides
100k−100k−1M in defense if a guest is attacked. - State Farm: The agent admitted that “Intentional Acts” are excluded. While the intruder’s act was intentional, the host’s negligence was accidental. It creates a messy legal battle where the insurer tries to deny coverage based on the criminal nature of the event.
- Airbnb AirCover: They generally step in here to protect the brand’s image. However, their terms exclude “Non-accidental” damages. They usually cover the liability, but the investigation into your security measures will be invasive.
Comparison Table: Crime Liability Coverage
| Feature | Commercial Policy (with A&B) | Standard Homeowner | Airbnb AirCover |
| Assault Defense | YES | Unlikely (A&B Exclusion) | YES (Usually) |
| Negligent Security | YES | Varies | YES |
| Sexual Misconduct | Excluded (Unless endorsed) | Excluded | Case-by-case |
[IMAGE: Screenshot of a policy document highlighting the ‘Exclusion – Assault and Battery’ paragraph]
Step-by-Step Action Plan
- Audit Your Locks: Every exterior door must have a deadbolt with a 1-inch throw. Smart locks are best because they auto-lock.
- Lighting is Liability Repellent: Install motion-sensor floodlights on all corners. If an attack happens in the dark, you are liable. If it happens in the light, you have a better defense.
- Check for A&B Exclusion: Look at your policy. If you see “Assault and Battery Exclusion,” ask your broker if you can “buy back” the coverage.
- Window Locks: Check ground-floor windows. A simple dowel rod in the track is a cheap way to prove you took security seriously.
FAQ
Does a disclaimer “Not responsible for accidents” work?
No. You cannot disclaim liability for criminal acts facilitated by your lack of security.
What if the intruder was another guest (shared room)?
Liability is even higher here. You vetted the guest (or didn’t). AirCover usually responds, but your screening process will be on trial.
Do I need an alarm system?
It helps your defense, but it’s not strictly mandatory. However, if you are in a high-crime area and don’t have one, that looks like negligence.