INVESTING
With the ever increasing rate of rentals in South Africa , Airbnb listings and with more people socialising in their homes , it is important to understand who is at fault if someone is injured in your home or your rental or Airbnb property .
Kirstie Haslam , specialist personal injury attorney and partner at DSC Attorney ’ s provides some insight in the below article ,
Guests who get injured while being entertained in your home or in your rental or Airbnb properties could claim from you if you are found to be personally liable , as you have a legal duty to protect visitors from risks of harm while on your property .
This is according to Kirstie Haslam , partner at DSC Attorneys , who says that as a general proposition , a homeowner has to take reasonable precautions to ensure that his or her guests do not come to harm – through no fault of their own - whilst on their property .
This , she says includes safeguarding against potential hazards , for example , fencing off an uncovered pool , or ensuring there is adequate lighting for outside stairs , or similar . “ A homeowner may be liable for injuries a guest suffers whilst on their property , if the injury was caused by negligent and wrongful action ( or an omission ) on the part of the homeowner ,” she explains .
Homeowners need to safeguard and / or warn against potential hazards . For example , Haslam points out that if building work is being undertaken at the time of the visit , the potential danger should be promptly drawn to the attention of the visitor , and any hazardous condition on the property should be cordoned off .
As to whether the law differs if you are not present at the time of the accident i . e . if you have rented out your property , for example , to someone on Airbnb , in principle
39 JUNE / JULY 2023 SA Real Estate Investor Magazine