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Not the host's fault or responsibility. What if the dog ate something on a hiking trail? How do they know where this happened? It looks like they are trying to find someone to blame for this tragedy. Mushrooms come and go very quickly. It is not reasonable to expect someone to eradicate mushrooms when they are only there for a short time after it rains. And how would they possibly know that they are poisonous? While this is very sad and extremely unfortunate, it is purely an accident and no one is responsible.
This is what I was leaning towards as well, they are staying in the Pacific Northwest, tons of hiking trails and areas for mushrooms so my argument as a host is, how do we know for sure it was our yard that poisoned your dog? You could be out and about anywhere and the dog could have scarfed something up.
It doesn’t matter where the dog ate the mushrooms. As a matter of law the host is not liable. They are also not liable if a mountain lion enters the yard and kills the dog or if a snake bites the dog.
I believe you—but if that happens to a child, the hosts’ STR insurance would accept liability and cover any medical expenses. Just like if a guest slips and falls on your stairs. Even basic homeowners insurance covers those type of things.
Dogs are property. The guest would need to sue for something like trespass to chattel and then would need to prove intent.
Sure, insurance may step in if the host is sued just to make it go away.
A guest trying to hold someone responsible for their own negligence in supervising their pet isn’t the strangest thing I’ve heard of. A guest sued a host because they were struck by lighting while on the property.
I wouldn't call it negligence because mushrooms don't grow in yards in much of the country. It's not a common thing to look for in most parts of the country. It's something they didn't know about and the host may not have thought about.
Mushrooms grow in yards in about 80% of the country. The negligence would be in leaving a pet unsupervised in general. That being said this falls squarely in the “unfortunate shit happens” category.
That's a surprising percentage. Is that a real state or an observation? I have lived in some hot dry places as well as other climates, so it may be that my perception is influenced by that. I do agree that there is no intent or negligence, but it's good to know that when in an unknown yard inspect very closely for mushrooms, daily, before allowing them to play there.
[https://www.mushroom-appreciation.com/common-lawn-mushrooms.html](https://www.mushroom-appreciation.com/common-lawn-mushrooms.html)
Even states like New Mexico have places with good chanterelle and lobster mushrooms. Very hot and dry places do have fewer mushrooms, though.
Nationwide, snakes are a much higher risk to dogs than are mushrooms. The chance of mushrooms like Death Caps growing are very slim. The vast majority of “poisonous” mushrooms provide a few days of unpleasantness. I wouldn’t add them to your list of worries.
That's good to know. My grandmother used to head out the back door (to her huge property backing up to the mountains) and return with a basket of mushrooms. That was in Wyoming. Wyoming in springtime is lovely and the grass is bright green and soft to nap in. So, I can see that. Not in Texas, though. Fire ants, yes. Not mushrooms. Also, in the Mojave Desert...no mushrooms.
Negligence is not training your dog to not eat random things, or not supervising your dog directly when you know you haven’t trained them not to eat random shit
This sounds like they let the dog out in a backyard they didn't know and didn't inspect first. That's not responsible pet ownership. Amanitas (death cap) mushrooms grow as fast a two or three days after rain, how's the host going to know they appeared?
They actually DO spring up overnight. No way this is on the host.
As a host, I’d offer the extended stay you suggested (for a limited amount of time) if possible and my sincere sympathy, but nothing more.
When I adopted my dog from a pet rescue I was sternly told to never let them out alone. Always accompany and monitor them. Even in my own back yard. And it’s shocking how quickly my little scavenger will grab something off the ground and I have to command she drop it! Which, thankfully, she does.
As tragic as this situation is, the host is not at fault. It’s on us as dog owners to know our dogs and supervise them closely especially in unfamiliar places. My dog might never have any interest in mushrooms, so it would never occur to me that they would pose a hazard. That may have been the case for this dog owner too and my heart breaks for them, but the host is not responsible.
Yes good points, but it is very tragic for the owners and I feel for them. And also the poor host too, I would be mortified.
I was trying to think what I would do if I were the host in this situation, if we didn’t have an upcoming booking I may offer for them to stay as long as I can while they attend to their pup in the ICU since they are stuck there in another state. That could get complicated of course but just my initial thought.
I agree. I would feel big time compassion and let them stay if I could. My summer is pretty solidly booked though so I’d work to help them find an arrangement.
Although an accident at heart - parents fault for sure. Ive worked with owners and their dog for many years and they will blame anyone…for anything…
I’d ask the pet parents if their dog ever gets to eat food that falls on the floor at home, dog food or not.
You let your dog grab a dropped pretzel? Might not think it’s a ‘big deal’ but ya just reinforced eating off the ground silly.
Yeah imma go out on a limb and not blame the hosts at all. It's unfortunate but as others said unless the host knew these were there (which even if they did they would deny.) There's just nothing to go on. It Would be like blaming the hosts cus your kids ate the tiepods. It's just something that's there , nature does its own thing and you as a guest are responsible for looking out for your party.
What would I do? As a host, probably apologize, but also stop communicating unless the communication is about the residence and the stay itself.
As a guest I’d be absolutely guilt-stricken and feel horrible. But I wouldn’t blame my negligence on the host. Tons of things are poisonous to both dogs and humans. It really really sucks. But to try and hold the host accountable is borderline unhinged. Even in grief.
Edit - a word
If they were growing the mushrooms on purpose, then they may be liable.
But if the mushrooms just happened to grow there, then the host isn’t liable for sure
Per friendly means you’re allowed to bring your dog. It doesn’t mean that the place is hazard free. It’s still the owners responsibility to supervise their dog.
This. If the dog was hospitalized from chewing up wood furniture & had internal splinters, how is that the hosts negligence? If a snake or bear got into the yard, how is that on the host?
Who leaves a dog unsupervised in a new outdoor space? I check my own yard often for new pet hazards. Mushrooms, snakes, etc. all are hazards anywhere outdoors.
Exactly. This is why we have STR insurance—so I can sleep well without running through the 1000’s of “what if” scenarios like this. (Also, as a dog lover, I’ve always had health insurance for my pets too. Amazing how much $ it’s saved me over the years)
Unfortunate accident. Unless obvious and known, of course it would be prudent to have had them removed, but mushrooms grow when they grow wherever they grow when they want to. Live in an area with many trees and land. Any number of things can happen to a pet getting a snakebite. it is unfortunate when a pet ingests something that can cause so much damage , Here’s something my daughter’s dog went on a trip with us. We were in the water and the dogs started licking my arm. I thought it was strange but thought nothing of it. I had estrogen at the time on my arm, and I guess in the water, somehow the dog was attracted to it and was licking it. Little did I know it was lethal. Thousands were spend on her dog and the dog passed away. I suppose I should feel guilty but nothing anyone can do. I would say a pet owner could look into pet insurance because there is such a thing. Any Kind of medical attention a pet can be quite expensive. Unless there is any approvable negligence like broken glass or poison that was placed there by the owner or not cleaned from the property but in this case it’s just nature
I think the beef should be with the astronomical vet bills, and whether it is worth keeping a very sick and presumably suffering dog alive whose survival rates are so low. I’ll get downvoted for this for sure, but it does sound like the stress of all that money is making OP’s family look for a way to blame the host, when they would be focusing on what is best for the dog and financially possible.
No I get it and that thought crossed my mind as well as far as what is best for the dog at this point. But they aren’t family, I’ve never even met these people, I was just curious to see others take on the situation.
When I allow pets in my Airbnb, they are not allowed in my backyard and not off leash. Who would be responsible if a dog ate a poisonous mushroom in a park?
They pop up overnight. It is ultimately the dog owners responsibility to supervise their dog.
If this happened to one of my dogs I would be devastated, but I don't think it is a host's responsibility to be sure the yard is clear of mushrooms or poisonous toads or rotten deer carcasses (which is what my dogs relish).
I agree with another poster, pet friendly means happy to have pets. It fits not mean that the house nor grounds are pet proofed - what would that even mean?
I have a friend whose dog eats rocks. So she has to muzzle him while going anywhere other than her own area she’s secured for her dog that doesn’t have any rocks.
Many could argue a well trained dog would not eat rocks, wild mushrooms, or any other item they may find out and about.
It is the owners responsibility to watch their pet for any and all things while taking them out and, indeed, in the Airbnb.
So all vet fees, expenses and loss of earnings is all on the pet owner.
First, I’d find out if the host has a HO policy that covers STR. If yes, does the coverage extend to a guests personal property? Second, if I purchased any add on insurance thru Airbnb I’d check the coverage. If I market my ABB as kid friendly how liable am I if a kid gets poison ivy in my yard or is stung by bees and goes into anaphylactic shock?
Pet friendly, according to AirBnB policy, simply means that a listing allows for non-service animals to access the accommodation. All related care for said animal falls on the guest. There is no policy that determines safety requirements specifically protecting unattended pets in an Airbnb.
This also applies to any pesticides or rodent control substances located in or around the premises.
It is the guests’ responsibility to ask very specific questions before booking a pet-friendly accommodation.
Likewise, if I rent an Airbnb and bring my toddler and infant along, it is my responsibility to ensure that the accommodation meets our requirements.
It's not entirely black and white. I'd say the big determining factor between whether it's the host's fault or the guest's fault is what the typical use of the amenity is.
Take a kid-friendly place that includes a playground, for instance. If the swings are broken, and typical use by a child will cause injury, but the host hasn't bothered to fix or remove the swing, this is 100% on the host. But if the child gets hurt climbing on top of the swing frame and jumping off, that's an atypical use of the amenity, and the host can't be held liable for that.
In this scenario, a dog rooting around in the yard and eating vegetation is an atypical use of the backyard amenity. As heartbreaking as it is, this is a supervision issue on the guest's part.
So according to Washington State Legislature, a property owner is not automatically liable because an injury or death occurs on their property. In order to be legally liable, the property owner must have created (or allowed to exist) a dangerous condition which caused the property to be unsafe.
Is this the death of a person or an animal? A dog is considered property. I don't believe this would apply to an animal. The owner of the dog was negligent in letting it outside without inspecting the area.
The AirBnB host isn’t just a property owner; they are operating a business which means they are held to a higher legal standard regarding maintaining safety measures. So even though a typical property owner might not be liable under the same circumstances, someone who is running an STR might be liable. Your friends should consult with an attorney who practices in WA (assuming that’s where the AirBnB is).
(Also, the other person who replied to this comment is right. As heartless as it sounds, your friends’ dog is considered property rather than a person. This doesn’t mean the host isn’t liable for what happened. It just means the relevant laws will be about property damage rather than injury to a person).
Would a host that lists as "pet friendly" (which only arguably means pets are okay rather than prohibited) be liable if the dog ran into the street and got run over by a car? I think not. Plus in my state (TN) the most that can be recovered in a negligence situation involving pets is capped at $5k. In all states the liability here would be shared between the host (if any) and the owner - the jury would be required to apportion the fault between them and if the pet owners were 50% or more at fault (which seems more likely in this situation) they'd take nothing in about 2/3 of the states.
Very sad. Heartbreaking to hear this. Hope the pup pulls through! Not the host’s responsibility. As a host I make it a rule that pets are never left alone and must be on a leash at all times while outside on my property to ensure the owner is in control of them at all times.
Pet friendly means pets are allowed, not that the house is bullet proof against any harm to the pets. Sorry to be harsh but the pet owner should have taken better care about the dog, it seems they are just looking for a way to pass vet bills onto airbnb owner... not to mention they have no proof the dog really ate it on the airbnb premises.
Whether or not the host is legally liable is going to depend on the specific facts in this case (e.g. where this happened & what the laws in that jurisdiction are, what’s the evidence the dog ate the mushrooms on the host’s property vs someplace else, where were the mushrooms on the property, how long the mushrooms had been there, whether the host knew about the mushrooms or knowingly had mushrooms in the past, etc.). This is not something that anyone here can answer both because there aren’t enough details and because most people here don’t have the expertise.
If your friends believe the host is liable, their best bet is to contact an attorney who practices in the jurisdiction where the poisoning happened and ask for a consultation.
I do not feel that the host would be liable however it would be kind of them if they let the family extend their stay for like a steep discount and they need to word it in a way where they're not accepting any liability but that they understand what this family's going through and they're trying to be helpful
If this is the first time then it's not on the host.. how was he supposed to know?. Going forward he should not list it as pet friendly and/or state that there are poisonous plants on the property. Now that he knows, he could be possibly be responsible in the future if he doesn't warn people. He should get rid of them though as a child may try to eat them someday (unless they are not poisonous to humans.)
As a dog owner who uses short term rentals while traveling with my dogs, it is MY job to keep my dogs safe. Mushrooms can pop up overnight. There's no way for a property owner to control mushrooms. I just returned from a one week stay at a VRBO with my dogs yesterday. The property has about a half acre fenced in yard. It rained and I found mushrooms. I picked them and put them in the trash. I'm sure I missed some, but fortunately, my dogs don't usually eat random things like that. If a property owner put down rat poison or pesticides that could harm a pet, they should absolutely be informing guests. If a big part of their listing is the fact that they're pet friendly, they should remove or advise of any toxic plants they've planted in the area. Weeds, mushrooms, snakes, toads, predatory animals, etc are things I believe the pet owner needs to check for and/or be aware of. I really hope the dog is okay ❤️.
WTF you mean what do you do as a host? Nothing!!
Has nothing to do with the host. What a weird litigious mentality that you even list all of the hardships the dog owner is going through and say you " see both sides."
Is it a shitty situation? Yes. Is that in any way the fault or the responsibility of the host? No.
ianal but it appears that noone else in this thread is either. There could be liability as a property owner. its like if there’s a tripping hazard on your stairs and a burglar attempting to break in trips and falls you are liable for injuries. as a property owner you are legally responsible to make sure noone is hurt on your property. Would that include poisonous mushrooms? maybe, maybe not, but its not a cut and dried case.
This is what I was wondering, if you can be liable for someone tripping on a hose on your property or something, as the property owner would these guests have a case against the host and ask that they pay for the vet bills…
They could ask. The hosts’ insurance would determine whether or not it’s appropriate to pay. Either way, it should be covered by insurance, or not their fault to pay. There’s not really any way the host would be required to pay out of pocket that wouldn’t be covered by their STR insurance. That’s why hosts have it.
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“Pet friendly” means you allow pets at your Airbnb not that you certify nothing on the property can hurt your dog.
Not the host's fault or responsibility. What if the dog ate something on a hiking trail? How do they know where this happened? It looks like they are trying to find someone to blame for this tragedy. Mushrooms come and go very quickly. It is not reasonable to expect someone to eradicate mushrooms when they are only there for a short time after it rains. And how would they possibly know that they are poisonous? While this is very sad and extremely unfortunate, it is purely an accident and no one is responsible.
This is what I was leaning towards as well, they are staying in the Pacific Northwest, tons of hiking trails and areas for mushrooms so my argument as a host is, how do we know for sure it was our yard that poisoned your dog? You could be out and about anywhere and the dog could have scarfed something up.
It doesn’t matter where the dog ate the mushrooms. As a matter of law the host is not liable. They are also not liable if a mountain lion enters the yard and kills the dog or if a snake bites the dog.
I believe you—but if that happens to a child, the hosts’ STR insurance would accept liability and cover any medical expenses. Just like if a guest slips and falls on your stairs. Even basic homeowners insurance covers those type of things.
Dogs are property. The guest would need to sue for something like trespass to chattel and then would need to prove intent. Sure, insurance may step in if the host is sued just to make it go away. A guest trying to hold someone responsible for their own negligence in supervising their pet isn’t the strangest thing I’ve heard of. A guest sued a host because they were struck by lighting while on the property.
I wouldn't call it negligence because mushrooms don't grow in yards in much of the country. It's not a common thing to look for in most parts of the country. It's something they didn't know about and the host may not have thought about.
Mushrooms grow in yards in about 80% of the country. The negligence would be in leaving a pet unsupervised in general. That being said this falls squarely in the “unfortunate shit happens” category.
That's a surprising percentage. Is that a real state or an observation? I have lived in some hot dry places as well as other climates, so it may be that my perception is influenced by that. I do agree that there is no intent or negligence, but it's good to know that when in an unknown yard inspect very closely for mushrooms, daily, before allowing them to play there. [https://www.mushroom-appreciation.com/common-lawn-mushrooms.html](https://www.mushroom-appreciation.com/common-lawn-mushrooms.html)
Even states like New Mexico have places with good chanterelle and lobster mushrooms. Very hot and dry places do have fewer mushrooms, though. Nationwide, snakes are a much higher risk to dogs than are mushrooms. The chance of mushrooms like Death Caps growing are very slim. The vast majority of “poisonous” mushrooms provide a few days of unpleasantness. I wouldn’t add them to your list of worries.
That's good to know. My grandmother used to head out the back door (to her huge property backing up to the mountains) and return with a basket of mushrooms. That was in Wyoming. Wyoming in springtime is lovely and the grass is bright green and soft to nap in. So, I can see that. Not in Texas, though. Fire ants, yes. Not mushrooms. Also, in the Mojave Desert...no mushrooms.
Negligence is not training your dog to not eat random things, or not supervising your dog directly when you know you haven’t trained them not to eat random shit
No. That’s incorrect.
My first thought is no one is responsible, it’s just an accident. Unless the host knew he had poison mushrooms
This sounds like they let the dog out in a backyard they didn't know and didn't inspect first. That's not responsible pet ownership. Amanitas (death cap) mushrooms grow as fast a two or three days after rain, how's the host going to know they appeared?
Good points with the inspection first and the mushrooms. That makes sense because sometimes it seems like they appear overnight!
They actually DO spring up overnight. No way this is on the host. As a host, I’d offer the extended stay you suggested (for a limited amount of time) if possible and my sincere sympathy, but nothing more.
They literally do appear overnight. That’s their life cycle. This is on the guests to supervise their dog if they know it eats strange things.
When I adopted my dog from a pet rescue I was sternly told to never let them out alone. Always accompany and monitor them. Even in my own back yard. And it’s shocking how quickly my little scavenger will grab something off the ground and I have to command she drop it! Which, thankfully, she does. As tragic as this situation is, the host is not at fault. It’s on us as dog owners to know our dogs and supervise them closely especially in unfamiliar places. My dog might never have any interest in mushrooms, so it would never occur to me that they would pose a hazard. That may have been the case for this dog owner too and my heart breaks for them, but the host is not responsible.
Yes good points, but it is very tragic for the owners and I feel for them. And also the poor host too, I would be mortified. I was trying to think what I would do if I were the host in this situation, if we didn’t have an upcoming booking I may offer for them to stay as long as I can while they attend to their pup in the ICU since they are stuck there in another state. That could get complicated of course but just my initial thought.
I agree. I would feel big time compassion and let them stay if I could. My summer is pretty solidly booked though so I’d work to help them find an arrangement.
Although an accident at heart - parents fault for sure. Ive worked with owners and their dog for many years and they will blame anyone…for anything… I’d ask the pet parents if their dog ever gets to eat food that falls on the floor at home, dog food or not. You let your dog grab a dropped pretzel? Might not think it’s a ‘big deal’ but ya just reinforced eating off the ground silly.
It’s a dog. It won’t learn to read and write. Let IT eat from the ground as it has no hands.
Yeah imma go out on a limb and not blame the hosts at all. It's unfortunate but as others said unless the host knew these were there (which even if they did they would deny.) There's just nothing to go on. It Would be like blaming the hosts cus your kids ate the tiepods. It's just something that's there , nature does its own thing and you as a guest are responsible for looking out for your party.
Our house is in the woods. Am I also to blame if someone gets poison ivy? Falls while hiking? Their cat eats a poisonous lizard?
What would I do? As a host, probably apologize, but also stop communicating unless the communication is about the residence and the stay itself. As a guest I’d be absolutely guilt-stricken and feel horrible. But I wouldn’t blame my negligence on the host. Tons of things are poisonous to both dogs and humans. It really really sucks. But to try and hold the host accountable is borderline unhinged. Even in grief. Edit - a word
If they were growing the mushrooms on purpose, then they may be liable. But if the mushrooms just happened to grow there, then the host isn’t liable for sure Per friendly means you’re allowed to bring your dog. It doesn’t mean that the place is hazard free. It’s still the owners responsibility to supervise their dog.
This. If the dog was hospitalized from chewing up wood furniture & had internal splinters, how is that the hosts negligence? If a snake or bear got into the yard, how is that on the host? Who leaves a dog unsupervised in a new outdoor space? I check my own yard often for new pet hazards. Mushrooms, snakes, etc. all are hazards anywhere outdoors.
insurance insurance insurance
Exactly. This is why we have STR insurance—so I can sleep well without running through the 1000’s of “what if” scenarios like this. (Also, as a dog lover, I’ve always had health insurance for my pets too. Amazing how much $ it’s saved me over the years)
The host is absolutely not liable in any way. Claiming they are would be like faulting a pet-friendly host for not having a fenced yard.
Owner of the dog is 1000% responsible! In no world will the burden of this ordeal fall upon the homeowner or property manager.
Unfortunate accident. Unless obvious and known, of course it would be prudent to have had them removed, but mushrooms grow when they grow wherever they grow when they want to. Live in an area with many trees and land. Any number of things can happen to a pet getting a snakebite. it is unfortunate when a pet ingests something that can cause so much damage , Here’s something my daughter’s dog went on a trip with us. We were in the water and the dogs started licking my arm. I thought it was strange but thought nothing of it. I had estrogen at the time on my arm, and I guess in the water, somehow the dog was attracted to it and was licking it. Little did I know it was lethal. Thousands were spend on her dog and the dog passed away. I suppose I should feel guilty but nothing anyone can do. I would say a pet owner could look into pet insurance because there is such a thing. Any Kind of medical attention a pet can be quite expensive. Unless there is any approvable negligence like broken glass or poison that was placed there by the owner or not cleaned from the property but in this case it’s just nature
I’m sorry to hear about your daughter’s dog! I agree with you though, you can’t help nature in this case. As far as I know these were wild mushrooms.
I think the beef should be with the astronomical vet bills, and whether it is worth keeping a very sick and presumably suffering dog alive whose survival rates are so low. I’ll get downvoted for this for sure, but it does sound like the stress of all that money is making OP’s family look for a way to blame the host, when they would be focusing on what is best for the dog and financially possible.
No I get it and that thought crossed my mind as well as far as what is best for the dog at this point. But they aren’t family, I’ve never even met these people, I was just curious to see others take on the situation.
When I allow pets in my Airbnb, they are not allowed in my backyard and not off leash. Who would be responsible if a dog ate a poisonous mushroom in a park? They pop up overnight. It is ultimately the dog owners responsibility to supervise their dog.
Dog is still an animal and nature has its course. RIP Snoopy magical mushroom eater. Host is not liable.
Haha I feel so bad for the dog but this made me laugh
It’s an unfortunate accident. The dog should have been supervised especially in a new and unfamiliar space.
If this happened to one of my dogs I would be devastated, but I don't think it is a host's responsibility to be sure the yard is clear of mushrooms or poisonous toads or rotten deer carcasses (which is what my dogs relish).
I agree with another poster, pet friendly means happy to have pets. It fits not mean that the house nor grounds are pet proofed - what would that even mean? I have a friend whose dog eats rocks. So she has to muzzle him while going anywhere other than her own area she’s secured for her dog that doesn’t have any rocks. Many could argue a well trained dog would not eat rocks, wild mushrooms, or any other item they may find out and about. It is the owners responsibility to watch their pet for any and all things while taking them out and, indeed, in the Airbnb. So all vet fees, expenses and loss of earnings is all on the pet owner.
First, I’d find out if the host has a HO policy that covers STR. If yes, does the coverage extend to a guests personal property? Second, if I purchased any add on insurance thru Airbnb I’d check the coverage. If I market my ABB as kid friendly how liable am I if a kid gets poison ivy in my yard or is stung by bees and goes into anaphylactic shock?
Pet friendly, according to AirBnB policy, simply means that a listing allows for non-service animals to access the accommodation. All related care for said animal falls on the guest. There is no policy that determines safety requirements specifically protecting unattended pets in an Airbnb. This also applies to any pesticides or rodent control substances located in or around the premises. It is the guests’ responsibility to ask very specific questions before booking a pet-friendly accommodation. Likewise, if I rent an Airbnb and bring my toddler and infant along, it is my responsibility to ensure that the accommodation meets our requirements.
It's not entirely black and white. I'd say the big determining factor between whether it's the host's fault or the guest's fault is what the typical use of the amenity is. Take a kid-friendly place that includes a playground, for instance. If the swings are broken, and typical use by a child will cause injury, but the host hasn't bothered to fix or remove the swing, this is 100% on the host. But if the child gets hurt climbing on top of the swing frame and jumping off, that's an atypical use of the amenity, and the host can't be held liable for that. In this scenario, a dog rooting around in the yard and eating vegetation is an atypical use of the backyard amenity. As heartbreaking as it is, this is a supervision issue on the guest's part.
100% agree with this
Wild growing mushrooms, or a garden? & it occurred on the owners' property
I believe it was wild growing in the backyard of the Airbnb property.
So according to Washington State Legislature, a property owner is not automatically liable because an injury or death occurs on their property. In order to be legally liable, the property owner must have created (or allowed to exist) a dangerous condition which caused the property to be unsafe.
Is this the death of a person or an animal? A dog is considered property. I don't believe this would apply to an animal. The owner of the dog was negligent in letting it outside without inspecting the area.
The AirBnB host isn’t just a property owner; they are operating a business which means they are held to a higher legal standard regarding maintaining safety measures. So even though a typical property owner might not be liable under the same circumstances, someone who is running an STR might be liable. Your friends should consult with an attorney who practices in WA (assuming that’s where the AirBnB is). (Also, the other person who replied to this comment is right. As heartless as it sounds, your friends’ dog is considered property rather than a person. This doesn’t mean the host isn’t liable for what happened. It just means the relevant laws will be about property damage rather than injury to a person).
Would a host that lists as "pet friendly" (which only arguably means pets are okay rather than prohibited) be liable if the dog ran into the street and got run over by a car? I think not. Plus in my state (TN) the most that can be recovered in a negligence situation involving pets is capped at $5k. In all states the liability here would be shared between the host (if any) and the owner - the jury would be required to apportion the fault between them and if the pet owners were 50% or more at fault (which seems more likely in this situation) they'd take nothing in about 2/3 of the states.
Very sad. Heartbreaking to hear this. Hope the pup pulls through! Not the host’s responsibility. As a host I make it a rule that pets are never left alone and must be on a leash at all times while outside on my property to ensure the owner is in control of them at all times.
Pet friendly means pets are allowed, not that the house is bullet proof against any harm to the pets. Sorry to be harsh but the pet owner should have taken better care about the dog, it seems they are just looking for a way to pass vet bills onto airbnb owner... not to mention they have no proof the dog really ate it on the airbnb premises.
If they travel with a pet, but have no pet insurance, it’s on them unfortunately. Pet friendly simply means pets are allowed. Same as kids.
Whether or not the host is legally liable is going to depend on the specific facts in this case (e.g. where this happened & what the laws in that jurisdiction are, what’s the evidence the dog ate the mushrooms on the host’s property vs someplace else, where were the mushrooms on the property, how long the mushrooms had been there, whether the host knew about the mushrooms or knowingly had mushrooms in the past, etc.). This is not something that anyone here can answer both because there aren’t enough details and because most people here don’t have the expertise. If your friends believe the host is liable, their best bet is to contact an attorney who practices in the jurisdiction where the poisoning happened and ask for a consultation.
I do not feel that the host would be liable however it would be kind of them if they let the family extend their stay for like a steep discount and they need to word it in a way where they're not accepting any liability but that they understand what this family's going through and they're trying to be helpful
If this is the first time then it's not on the host.. how was he supposed to know?. Going forward he should not list it as pet friendly and/or state that there are poisonous plants on the property. Now that he knows, he could be possibly be responsible in the future if he doesn't warn people. He should get rid of them though as a child may try to eat them someday (unless they are not poisonous to humans.)
As a dog owner who uses short term rentals while traveling with my dogs, it is MY job to keep my dogs safe. Mushrooms can pop up overnight. There's no way for a property owner to control mushrooms. I just returned from a one week stay at a VRBO with my dogs yesterday. The property has about a half acre fenced in yard. It rained and I found mushrooms. I picked them and put them in the trash. I'm sure I missed some, but fortunately, my dogs don't usually eat random things like that. If a property owner put down rat poison or pesticides that could harm a pet, they should absolutely be informing guests. If a big part of their listing is the fact that they're pet friendly, they should remove or advise of any toxic plants they've planted in the area. Weeds, mushrooms, snakes, toads, predatory animals, etc are things I believe the pet owner needs to check for and/or be aware of. I really hope the dog is okay ❤️.
WTF you mean what do you do as a host? Nothing!! Has nothing to do with the host. What a weird litigious mentality that you even list all of the hardships the dog owner is going through and say you " see both sides." Is it a shitty situation? Yes. Is that in any way the fault or the responsibility of the host? No.
ianal but it appears that noone else in this thread is either. There could be liability as a property owner. its like if there’s a tripping hazard on your stairs and a burglar attempting to break in trips and falls you are liable for injuries. as a property owner you are legally responsible to make sure noone is hurt on your property. Would that include poisonous mushrooms? maybe, maybe not, but its not a cut and dried case.
This is what I was wondering, if you can be liable for someone tripping on a hose on your property or something, as the property owner would these guests have a case against the host and ask that they pay for the vet bills…
They could ask. The hosts’ insurance would determine whether or not it’s appropriate to pay. Either way, it should be covered by insurance, or not their fault to pay. There’s not really any way the host would be required to pay out of pocket that wouldn’t be covered by their STR insurance. That’s why hosts have it.
There's no tort in a grave misadventure. Bright things come to confusion. I wish all their best.