Host liability: when a guest is injured
Host liability: when a guest is injured
If a guest is injured in your holiday flat you are liable where you breached your Verkehrssicherungspflicht (duty to keep premises safe). For that you need your own liability cover.
This is the opposite direction to guest damage: not your claim against the guest, but the guest's claim against you.
§§ 823, 280 BGB, duty to keep premises safeIn 60 seconds
As a host you must keep the accommodation in a state where guests can use it safely. That is the Verkehrssicherungspflicht.
Typical cases are a loose banister, a broken step, a slippery surface or a faulty appliance.
Check whether your cover includes short-term letting. Private liability policies, and often plain property owner's liability, do not automatically cover commercial use.
You are not liable for every accident, only for breaching your duty. Hosts who inspect regularly and fix findings promptly are in a far better position.
That defence is a question of evidence. A documented inspection at every turnover evidences exactly the routine that matters.
Legal framework
Whoever opens a source of danger must take reasonable precautions to protect others from harm. Liability requires a breach of that duty; it does not attach to every accident. Whether the necessary precautions were taken is a question of the individual case and of what can be shown.
Two directions, two protections
| Direction | What responds |
|---|---|
| guest damages your furnishings | platform process, deposit, own insurance |
| guest is injured at your property | liability cover including letting |
| both | documented condition at every turnover |
How to cover guest damage is in Holiday let insurance; how to build the routine is in Cleaner reports damage.
Common mistakes
It usually excludes short-term letting. Check the policy.
A broken step known for months is the core of a breach.
The defence is a question of evidence, not of good intentions.
What to do next
Check the policy covers short-term letting. Do it with BildProof, about two minutes a room →
Include safety-relevant points in every turnover check.
Fix findings promptly and document the fix.
Frequently asked questions
Is my private liability insurance enough?
Usually not. Private policies routinely exclude commercial or commercial-like letting, and short-term letting to changing guests often falls within that. Get written confirmation whether your policy covers the letting, and extend it if not.
Am I liable for every accident in the flat?
No. You are liable for breaching your duty to keep the premises safe, meaning for failing to take reasonable precautions. A guest tripping over their own suitcase is not your case. A banister that has been loose for months breaking very much is.
How do I defend myself in a dispute?
By showing that you inspected regularly and fixed findings promptly. That is exactly why a documented routine at every guest turnover is valuable: it evidences not only the condition of the furnishings but that you looked.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.