Airbnb has refused to admit liability for multiple serious injuries suffered by a group of guests who fell two storeys when the balcony of their holiday rental in Brighton collapsed beneath them.
Four friends had to have hospital treatment, including one impaled on an iron railing, when what was advertised as a “balcony with sea view” sheared off, sending the guests tumbling into the basement footwell. They had rented the £217-a-night flat for a birthday celebration in July through the booming accommodation website, which is at the forefront of the fast-growing sharing economy.
One shattered her pelvis in three places and another broke her back and suffered arterial bleeding and head injuries.
The San Francisco website, through which they made the booking, has been valued at $25bn (£20bn) and takes up to 12.5% of rental fees. It told them last month it could not be held liable for the accident or the injuries and has no duty of care towards them.
The group of young professionals have spent weeks in hospital and said they have racked up thousands of pounds in costs through lost work, medical bills, psychological counselling and physiotherapy.
But four months since the accident, neither Airbnb nor the property owner have offered to help cover their costs or admit liability. The customers are now threatening legal action. Their lawyer, Jenny Kennedy at Anthony Gold solicitors, is also seeking to contact the owner of the property.
“We want acknowledgement of suffering, a recognition of responsibility and liability and coverage of rehabilitation and ongoing costs,” said Alexander Browning, 30, a lawyer from London who smashed his head, broke his wrist in four places and suffered facial injuries.
“It should be easy for a company with a valuation of $25bn. None of this has happened. They have done the opposite and expressly said: ‘We are a platform, we are not responsible.’ That makes me feel pretty angry.”
Airbnb bills itself as “a trusted community marketplace” but Harry Dee, who was impaled through his back on a railing which missed his vital organs by an inch and spent hours in surgery and a week in hospital, said: “They don’t seem to care at all.
“You see Airbnb trying to sell this social-minded [approach], but it’s a load of crap. We have asked them for help. I would have liked my missing wages accounted for. But they just didn’t do anything at all.”
Dee had to move out of his rented flat in Brighton because he is a self-employed carpenter and could no longer afford it.
A spokeswoman for Airbnb said: “As soon as we were aware of the incident, we reached out to the guest to provide support,” but declined to comment further.
Monika Payne, who was listed on Airbnb as the host, told the Guardian: “Because the insurers are still conducting their investigations we having nothing to say at this time.”
Airbnb has suggested the group make a claim through the “host protection insurance”, which is billed as providing up to $1m cover for each booking, including for bodily injury. The victims’ lawyer has been told by a third-party insurance administrator that the case is being considered by lawyers for Airbnb. The insurer for the building, which is held in freehold, is expected to deny liability.
“The safety of our community is our number one priority and problems for guests and hosts are incredibly rare,” Airbnb’s spokeswoman said.
Airbnb insists it does not provide accommodation but operates as a platform on which independent hosts provide rooms for guests. It says it is not party to any bookings.
Earlier this year, Patrick Robinson, Airbnb’s head of public policy in Europe, told a UK parliamentary committee: “We try to ensure that all of our customers are protected, that in the event that things go wrong, we are there to help and support them beyond what we are required to do legally.”
Airbnb has become one of the fastest-growing businesses in the gig economy, offering people with spare rooms the chance to rent them out on a nightly basis. Global bookings are predicted to hit £12bn this year, up from £42m in 2010. In London, there have been warnings that the website is reducing the housing supply, while Berlin levied a €100,000 (£85,000) fine for anyone renting out more than half of their home for less than two months without a permit.
The group had gathered at the apartment on a warm Friday evening before a day on the beach. They had sung Happy Birthday to their friend Tom and toasted him with prosecco and cake. Five of them were stood on the balcony.
“One second they were there and the next second they were gone,” said Ben Mason, 30, a recruitment consultant and the only person on the balcony who did not fall. “They just dropped. I looked down and it was just dark and rubble. I thought they were all dead.” His fiancee, Jessica Paterson, was among them.
“Harry had landed on the fence and was staggering around. Jess and Alex were tangled among themselves. Claire [Corfield] was beneath a large piece of the balcony. We removed as much of the rubble as we could and checked pulses. Ali and Jess started to come around. I had to help Mike [Claire’s husband] lift the rubble off Claire because it was so heavy. It was totally horrendous.”
Paterson broke her pelvis in three places, suffered three transverse fractures of her back, laceration to her liver and a collapsed lung. She was in hospital for almost two weeks and on crutches for three months. She has been told she will not be able to give birth naturally. She suffers from low moods and fatigue.
“It has been traumatic,” she said. “On the day we were supposed to be going on honeymoon to Costa Rica we had a day out in Portsmouth in a wheelchair.”
Corfield cut an artery requiring five units of blood, broke her shoulder blade, a bone in her back, her eye socket, nose and cheekbone. She has been off work for two and a half months and struggles with memory and concentration.
“I would like an apology from them,” she said. “It doesn’t feel fair that we have been through all this trauma and to feel that no one cares.”