Can a business owner waive their responsibilities to a business invitee?

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Can a business owner waive their responsibilities to a business invitee?

This is a question about Airbnb. A property owner in GA is renting their property. The renter is presumed to be a business invitee. The owner wants the guest to sign a waiver stating that owner is not responsible any and all injury, death or property damage resulting from owner’s negligence. Is this waiver legal?

Asked on October 17, 2019 under Personal Injury, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, it is not. The law does not allow someone to waive their duty of care, such as to remediate or correct any dangerous conditions. If the renter is injured due to, for example, bad electrical wiring, a faulty stove or heating system, bad ventilation, loose steps, etc., the owner would be liable. The owner can protect himself from events not due to his own lack of care: e.g. a waiver can prevent the renter from suing if he lets a dangerous person in and they attack him. But the owner cannot protect himself from conditions in/on his property or his own actions.


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