Holiday lets and short lets

Holiday let guest injury: your liability and your cover

Reviewed by the Apex broking team · Last reviewed 2026-10-29

If a guest is hurt at your holiday let, you can be liable under the Occupiers' Liability Act 1957 if you failed to take reasonable care for their safety. Public liability insurance is what usually pays the claim and the legal costs of defending it.

Part of: Holiday let insurance in the South West

In short

Holiday let owners and managers usually count as occupiers, and the Occupiers' Liability Act 1957 makes them owe guests the common duty of care: to take reasonable care that visitors are reasonably safe in using the premises. Occupiers must expect children to be less careful than adults, and a warning sign does not always remove liability. In England, fire safety law for paying guest accommodation applies even for a one-night stay, with a recorded fire risk assessment. Public liability insurance usually responds to guest injury claims, subject to the wording, limits and any activity exclusions.

The duty you owe guests

Section 2 of the Occupiers' Liability Act 1957 says an occupier owes all visitors the common duty of care, which is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises. Paying guests are visitors.

Four parts of section 2 matter most for holiday lets:

Children. An occupier must be prepared for children to be less careful than adults (section 2(3)(a)). Ponds, pools, balconies and stairs need thinking about for families.
Warnings. A warning does not by itself absolve the occupier unless, in all the circumstances, it was enough to enable the visitor to be reasonably safe (section 2(4)(a)). A sign by the hot tub helps, but it does not replace maintenance.
Risks willingly accepted. The duty does not cover risks a visitor willingly accepts as theirs (section 2(5)), which can be relevant to obvious activity risks.
Restricting the duty. The Act allows an occupier to restrict or exclude the duty by agreement where they are free to do so. Other legislation, including consumer protection law, can limit that freedom, so do not rely on booking terms to avoid injury claims.

More than one person can be an occupier, such as an owner and a management company that controls the property day to day. People who are not visitors are dealt with by the Occupiers' Liability Act 1984. Our explainer on the Occupiers' Liability Acts covers both.

Where guests commonly get hurt

Hazard	What usually goes wrong	What helps
Stairs and steps	Loose carpet, missing handrails, poor lighting	Handrails, lighting, prompt repairs logged at changeover
Decking, patios and paths	Algae and wet surfaces at night	Cleaning, anti-slip treatment, outdoor lighting
Hot tubs and pools	Slips, water quality, children unsupervised	Covers, testing records, clear rules, telling the insurer
Ponds, rivers and balconies	Falls and drowning risk for children	Barriers, window restrictors, information for families
Wood burners and boilers	Burns, fires and carbon monoxide	Servicing, sweeping, carbon monoxide alarms, guest instructions
Bikes, kayaks, trampolines	Injury during use of equipment you provide	Checks, instructions, and checking the policy does not exclude it

Courts look at what was reasonable in the circumstances, not whether an accident was possible. Records of checks and repairs are often what decides a claim. For a worked example from hospitality, see our slip and trip scenario.

Fire safety duties for holiday lets

In England the Regulatory Reform (Fire Safety) Order 2005 applies to paying guest accommodation. Government guidance on making small paying guest accommodation safe from fire says:

the law applies even if it is just for one night, where you charge someone to stay and the property is not occupied as a private dwelling;
the responsible person is likely to be the owner, a letting agent or another person with control of the premises, and stays legally responsible even if someone else does the risk assessment;
you must keep a record of the completed fire risk assessment;
all smoke and heat alarms should be interlinked, with heat alarms in kitchens;
escape routes should be kept clear, and exit doors should not need a key to open from inside;
the fire and rescue service normally enforces the rules and may inspect.

That guide covers small premises; larger or more complex ones should follow the sleeping accommodation guidance. See fire safety risk assessments for the basics.

How public liability insurance responds

Public liability insurance usually pays compensation you are legally liable for when a guest or member of the public is injured or their property is damaged, plus the costs of defending the claim. In a holiday let policy it is often called property owners' liability; see property owners' liability explained. Points to check:

The limit. There is no statutory minimum in England. Choose a limit that reflects your guests and activities, and any limit an agent or contract requires.
Who is insured. The owner, any company, and the person managing changeovers may each need to be named.
Activity exclusions. Hot tubs, pools, bikes and watersports can be excluded or need declaring.
Staff. Injury to your own cleaners falls under employers' liability, not public liability.
Claims conditions. Policies commonly require prompt notification and that you do not admit liability without the insurer's consent.

How claims arise: illustrative examples

These examples are illustrative, not real claims or outcomes.

A child and a pond. A family books a cottage advertised as child-friendly. A toddler falls into an unfenced garden pond and is pulled out unhurt but needs hospital checks. The parents claim for distress and expenses. The owner's knowledge that families stay is relevant to what was reasonable.
A hot tub slip. A guest slips on the hot tub steps at night. The owner has a sign but no lighting and no cleaning log. The insurer finds the hot tub was not declared, which complicates the claim.
Carbon monoxide. Guests feel unwell and the alarm sounds. A boiler fault is found. Nobody is seriously hurt, but the guests claim for a ruined holiday and medical checks, and the owner's servicing records become central.

For the full policy, see holiday let insurance or, in the South West, holiday let insurance in the South West. Platform hosts can read insurance for short-term let hosts, and operators with several units serviced accommodation insurance.

How Apex helps

Apex arranges cover for holiday lets, HMOs and short lets, including public liability for guests. To quote we need the property address and type, nights let a year, letting turnover, claims history, and details of hot tubs, pools, ponds, equipment you provide and who manages changeovers. A broker reads each enquiry and comes back with options, and there is no fee for a quote. Cover is always subject to the insurer's acceptance and the policy terms.

Sources

Frequently asked

Am I liable if a guest is injured at my holiday let?

You can be, if you are the occupier and did not take reasonable care to see that guests would be reasonably safe, which is the common duty of care under the Occupiers' Liability Act 1957. Liability depends on the facts, including what you knew about the hazard and what checks you made. Public liability insurance usually handles these claims.

Does a warning sign protect me from claims?

Not on its own. Section 2(4)(a) of the Occupiers' Liability Act 1957 says a warning does not absolve the occupier unless, in all the circumstances, it was enough to enable the visitor to be reasonably safe. Signs help alongside maintenance, lighting and barriers, not instead of them.

Can I exclude liability for guest injuries in my booking terms?

Do not rely on it. The 1957 Act allows an occupier to restrict the duty only where they are free to do so, and other legislation, including consumer protection law, can limit exclusions, particularly for injury caused by negligence. Booking terms are useful for house rules, not as a substitute for care and insurance.

Do holiday lets need a fire risk assessment?

In England, yes. Government guidance says the Regulatory Reform (Fire Safety) Order 2005 applies to paying guest accommodation even for one night, where the property is not occupied as a private dwelling. The responsible person must carry out a fire risk assessment and keep a record of it.

How much public liability cover does a holiday let need?

There is no statutory minimum in England. Owners choose a limit based on guest numbers, activities such as hot tubs or pools, and any requirement from an agent or contract. In Scotland, public liability insurance is a licence condition, so check what your council expects. A broker can explain the options insurers offer.

Talk to a broker about this cover

Tell us what your business does, your turnover and any claims. A broker reads every enquiry and comes back with options. No fee for a quote. Or call 0117 325 0027.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information, not advice on your individual circumstances, and it does not guarantee that cover will be available or on what terms.