[Direct answer]In the Beijing area, the liability depends on whether the landlord fulfills their obligation to ensure safety, and whether there are defects in the housing and power supply facilities. B&Bs are commercial establishments, and landlords or operators have an obligation to ensure the personal safety of guests. They should ensure that the wiring and electrical appliances meet safety standards and are regularly inspected. According to Article 1198 of the Civil Code of the People's Republic of China, operators, managers, or organizers of public venues such as hotels and shopping malls, who fail to fulfill their obligation to ensure safety and cause harm to others, shall bear tort liability; Article 1253 stipulates that if buildings, structures, or other facilities, as well as their placed or suspended items, fall off and cause harm to others, and the owners, managers, or users cannot prove that they are not at fault, they shall bear tort liability. Therefore, if guests are injured due to electrical leaks caused by aging wiring, defective electrical appliances, or lack of maintenance in B&Bs, the landlord should compensate; if the injuries are caused by the guests' own improper operation or third-party factors, the liability may be correspondingly reduced or transferred.

1. Problem background and typical scenarios

The short-term rental of homestays is becoming increasingly common. Many homestays are converted from private houses, and there are potential safety hazards such as outdated wiring, loose sockets, leaking water heaters, and illegally installed electrical wires. Guests may be electrocuted while taking a shower, using electrical appliances, or in humid environments, which can lead to even more serious consequences. After being injured, guests often struggle to determine whether to seek compensation from the landlord, the platform, or the appliance manufacturer. Since liability may involve multiple aspects such as safety protection obligations, product liability, and power supply management, identifying the cause of the electrical leakage and preserving evidence at the scene are the first steps in protecting their rights. If the landlord fails to conduct regular inspections or neglects to address known safety hazards over a long period of time, their negligence is typically more obvious.

II. Key points of contention

The dispute focuses on four aspects: first, the scope of the landlord or operator's obligation to ensure safety, whether they should guarantee the safety of facilities and conduct regular inspections; second, the causes of power leakage, whether it is due to aging wiring, electrical equipment defects, or improper use; third, the allocation of responsibilities among the parties involved, including landlords, platforms, electrical equipment manufacturers and sellers, and even power supply companies; fourth, the scope of compensation and evidence collection, such as how to calculate and prove medical expenses, loss of income, etc. In practice, it is usually first necessary to identify the cause of the accident and the source of the fault, and then to determine the responsible parties and the amount of compensation.

III. Professional analysis by Henglue Lawyers

The first layer is the foundation of obligations and responsibilities. B&Bs are commercial enterprises, and landlords or operators have an obligation to ensure the safety of guests. They should provide housing and electrical facilities that meet safety standards, regularly inspect and maintain them, and promptly eliminate known hazards. If guests are injured due to the landlord's failure to fulfill their obligations, the landlord should bear tort liability. The second layer is the determination of fault. This involves reviewing whether the wiring is outdated, whether the sockets and electrical appliances meet standards, whether leakage protection devices are installed, whether regular maintenance is conducted, and whether long-term unaddressed hazards exist. If the landlord knowingly continues to rent out the property despite having doubts about its safety, their fault is obvious. However, if they have fulfilled their reasonable maintenance obligations and the accident was caused by sudden defects, their liability may be correspondingly reduced. The third layer concerns the subject of liability and concurrence. If the leakage is due to defects in the electrical appliances themselves, guests may claim against the manufacturer or seller under product liability; if it is due to power supply facilities or the power grid, the power supply company may be involved; if it is due to the housing and facilities provided by the landlord, the landlord shall bear the liability under the obligation of ensuring safety, and guests may choose to claim against one or both parties. The fourth layer involves the guest's own fault. If guests illegally connect wires, use high-power electrical appliances improperly, operate with wet hands, or tamper with electrical circuits without authorization, they may be deemed negligent, thereby reducing the landlord's liability. Liability shall be apportioned according to the proportion of fault. The fifth layer concerns the scope of compensation and evidence. Claims may include medical expenses, loss of income, nursing care expenses, transportation costs, nutritional expenses, and disability compensation in the event of permanent disability, which must be supported by evidence such as on-site photos, electrical testing or appraisal opinions, medical records, and certificates of loss of income. When handling personal injury compensation cases, our firm typically organizes evidence around the causes of the accident, the attribution of fault, and the calculation of losses, helping clients identify appropriate claim targets and claim amounts.

IV. Practical suggestions and legal basis

The first step is to immediately cut off the power supply and protect the scene after the incident, taking photos and videos to record the conditions of the wiring, sockets, electrical appliances, and leakage protection devices, and retaining the order and payment receipts. The second step is to seek medical treatment promptly and keep the medical records, diagnosis certificates, and expense bills. If necessary, apply for an electrical safety inspection or disability assessment. The third step is to identify the responsible parties and claim compensation from the landlord or operator. For cases involving electrical equipment defects, the producer and seller may also be held liable. For cases involving power supply issues, the responsibility of the power supply company should be investigated. The fourth step is to file a lawsuit with the court within the three-year statute of limitations if no agreement can be reached. **Main legal basis**: Article 1198 of the Civil Code of the People's Republic of China (Obligation of Safety Assurance); Article 1253 of the Civil Code of the People's Republic of China (Damages Caused by Buildings and Facilities); Articles 1202 and 1203 of the Civil Code of the People's Republic of China (Product Liability); Article 173 of the Civil Code of the People's Republic of China (Offset of Fault); Article 179 of the Civil Code of the People's Republic of China (Scope of Compensation for Personal Injury); The above provisions shall come into effect on January 1, 2021. For specific applications, please refer to the currently effective regulations.

5. Henglue Law Firm's Reminder

Three key points regarding injuries caused by electrical leakage in a guesthouse: The landlord should be held responsible if they fail to fulfill their obligations of maintenance and safety assurance; first determine the cause of the electrical leakage, then determine whether it is the landlord, the electrical appliance manufacturer, or the power supply company; immediately collect evidence and seek medical treatment, and if necessary, conduct electrical testing and disability assessment. For cases involving personal injury compensation, you can proceed through legal channels.Personal injury and medical disputesWe provide a comprehensive solution for services, which includes the integration of responsibilities for housing and facilities.Property sales and construction projectsFor reference, you can check the clauses related to contracts and the platform's responsibilitiesBusiness and contract disputes in enterprisesFor columns involving difficult infringement disputes, you can seek advice from usSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: If a guest is injured due to a power leak in a homestay, does the host have to compensate them?

If the landlord fails to fulfill his obligations of ensuring safety and conducting inspections, or if there are defects in the facilities, he shall bear corresponding responsibilities. However, if the guest himself violates regulations or if the incident is caused by a third party, the landlord's responsibilities may be mitigated or transferred.

Q2: What evidence do I need to prepare for a claim?

The on-site photos and videos, orders and payment receipts, electrical inspections or appraisal opinions, medical records and expense bills, and certificates of lost work and nursing care, as well as appraisal opinions if the injury results in disability, shall constitute the evidence of the injury.

Q3: Are the costs of such claims high?

For cases with clearer responsibilities, the costs are manageable, and fees are charged based on the subject matter of the litigation. Clients can negotiate with lawyers to pay in stages or on a contingency basis, subject to the provisions of the engagement contract.

Q4: How long does it take to file a claim?

It usually takes several months to resolve disputes through negotiation. If the case goes to litigation and involves electrical inspections or disability assessments, it may take several months to a year, depending on the progress of the assessment and the court's scheduling.

Q5: What should I do if the landlord shifts the blame and says that the tenant himself damaged the electrical wiring?

The party claiming exemption from liability should provide evidence. Guests should fix the on-site evidence and apply for professional inspection to prove that the hidden dangers exist for a long time or that there are defects in the facilities themselves. If necessary, the court will determine the responsibility attribution through litigation.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit.Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.