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Getting injured at an Airbnb, especially while on vacation, can be stressful. You suddenly need medical care in an unfamiliar place, face treatment costs and other damages, and may be left wondering if you can sue an Airbnb host or the company.
Unfortunately, many Airbnb hosts rent out unsafe properties to profit from unsuspecting guests. The company is also sometimes negligent in preventing harm. If you were hurt at an Airbnb or the host had hidden cameras and violated your privacy, our experienced personal injury lawyers at NST Law can help you fight for fair compensation.
Can I Sue My Airbnb Host?
You can sue both an Airbnb host and the company, but it is the host’s negligence in maintaining a safe property that forms the basis of many claims. You may choose to sue only the host since it can be more difficult to prove the company’s liability for your injuries.
When an Airbnb host accepts your payment, they become responsible for your safety on their property. States have different standards regarding property owners’ duties. However, the general requirement under premises liability law is to keep people reasonably safe from foreseeable hazards. For example, if you trip on damaged stairs that the host should reasonably have known about, you may have grounds to sue.
Some claims against Airbnb hosts are based on invasion of privacy. The company’s policies prohibit interior cameras and listening devices, and require informing guests about exterior security devices. If you discover a camera recording a room in the Airbnb, you may be able to sue the host.
Airbnb has a Host Liability Insurance Program that provides $1 million in liability coverage for harm to others, but limits and exclusions apply, and this isn’t a guarantee of payment. It does not cover damage to guests’ motor vehicles or the host’s property. It also does not cover intentional acts by the host, such as assaulting a guest.
Could the Airbnb Company Also Be Found Liable?
Airbnb may be liable for injuries in several instances, including:
- Failing to screen hosts
- Failing to remove properties with known safety problems
- Failing to take appropriate action after safety complaints
- Misrepresenting the quality of the property in marketing
To determine if Airbnb is liable, a court will consider the company’s argument that it is simply a middleman between you and the host and not liable for the host’s behavior. It will also review the terms and conditions you agreed to when you booked your stay. For example, a clause in the Airbnb Terms of Service requires arbitration before a lawsuit.
If you are unsure if the terms of service prevent you from suing Airbnb, contact a knowledgeable attorney with experience in these cases to review your claim.
How Can You Establish Negligence by the Airbnb Host?
To prove the Airbnb host’s negligence, you must show that the property host knew or should have known of dangerous conditions, but failed to fix or warn you against them. Some common conditions on Airbnb properties that lead to injuries include:
- Uneven carpet or flooring
- Faulty appliances
- Defective staircases or railings
- Decks in disrepair
- Slippery floors, for example, due to leftover cleaning product
- Lack of security or fire safety measures
- Holes in the yard
- Uneven walkways
Most Airbnb lawsuits against hosts are based on premises liability, but some may fall under more general personal injury law. For example, you can file a personal injury claim for invasion of privacy or assault by the host.
What Evidence Is Needed To Sue an Airbnb Host?
Navigating the nuances of an Airbnb lawsuit on your own can be challenging. An attorney with experience in these claims knows applicable laws, has analyzed their own and other past Airbnb lawsuits, and can advise you whether you can sue the host, the company, or both.
A skilled Airbnb Injury lawyer may also recognize a claim you weren’t aware you could make. For example, if a host claims you were looking down at your phone when you tripped and fell, a skilled attorney will ask how they could have known that. It may be an indication that the host had hidden cameras, giving you an opportunity to file claims for both your injuries and invasion of privacy.
An attorney can also take over communications with the host, Airbnb, and insurance companies. This can prevent you from making mistakes such as admitting fault or accepting a low settlement offer before you understand the full extent of your damages.
Contact NST Law Today for a Free Consultation on Your Airbnb Case
When you stay at an Airbnb, you rightfully expect that the property is safe and that the host won’t secretly record your activities. When they do, you deserve compensation from the host, and in some cases from Airbnb.
Our personal injury lawyers have won billions for thousands of clients. We offer exceptional legal services with compassionate care and are here to talk with you at any hour. When you partner with us, there are no upfront costs, and you only pay us if you recover compensation. We’re passionate about leveling the playing field between people and powerful companies like Airbnb.
Contact NST Law online or call 800-529-4004 today for a free consultation.
