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Airbnb’s Negligence: Infant Injury Results in Rs. 5000 Penalty from Consumer Court

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Airbnb faced repercussions for negligence after an infant injured, resulting in a Rs. 5000 penalty by the Consumer Court. The incident highlights the importance of safety measures in short-term rentals. Airbnb may need to reassess its protocols to ensure the well-being of all guests, especially vulnerable populations.

The District Consumer Disputes Redressal Commission in Chandigarh recently levied a fine of Rs.10,000 on Airbnb, a homestay marketplace, as well as one of its hosts for causing unintentional harm to a 6-month-old infant during a property cleaning process. The commission, presided over by Pawanjit Singh and consisting of members Surjeet Kaur and Suresh Kumar Sardana, considered an email correspondence between the complainants and Airbnb.

This correspondence revealed that both Airbnb and the caretaker involved acknowledged the incident and expressed their apologies.

The order recorded,

“The order dated May 2 noted, ‘Upon reviewing the email sent by the OPs, it is evident that they acknowledged the incident on 6.3.2022. This incident involved the complainant’s six-month-old daughter, who fell while wrapped in a blanket during the room cleaning by the OPs’ caretaker. Additionally, the OPs apologized for this event,”

The mother of a child filed a complaint with the consumer commission regarding an incident that occurred during her family’s vacation in Goa. According to the complainant, she and her husband booked a room through Airbnb for their stay. Upon checking out of the property, the caretaker of the property allegedly removed the blankets and pillows from the bed where the complainant’s 6-month-old daughter sleeping, causing her to fall and sustain injuries.

The complainant argued that this act constituted a deficiency in service. Since Airbnb did not acknowledge her claim for compensation, she decided to approach the consumer commission for resolution. However, Airbnb did not appear before the commission, and the case proceeded in their absence.

The caretaker of the property contested the complaint and informed the commission that his actions were unintentional. He claimed to have already apologized for the incident. Despite his explanation, the commission determined that the incident occurred due to the caretaker’s negligence, thus constituting a deficiency in service. Additionally, the commission noted that Airbnb had offered a refund, which was never processed.

Consequently, the commission ruled in favour of the complainant and directed both Airbnb and the property caretaker to pay Rs. 5,000 to the complainant as compensation. Additionally, they ordered to pay an additional Rs. 5,000 to cover the litigation costs incurred by the complainant.

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