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Airbnb has been a popular option for travelers for years and is a great choice for those who want their rental to feel like home, but legal questions can arise when an injury happens during a stay.
If you were hurt while staying in an Airbnb, NST Law can help you understand the steps to take after an injury, what legal protections are available to you, and how to protect your rights.
What is Airbnb’s Liability in an Accident?
Airbnb hosts are responsible for providing a safe home free of safety hazards. If hazards like pools are part of the listing, they must be disclosed in the description. In addition to Airbnb’s policies, hosts must meet local laws and regulations, like fire codes.
Airbnb provides AirCover for Hosts, offering host damage protection, host liability insurance, and experiences and services liability insurance. You can still file a lawsuit if you have an accident while staying at an Airbnb, but identifying the liable parties may be challenging.
Airbnb’s Host Liability Insurance has a limit of $1,000,000 per stay, providing coverage to hosts for their liability to a guest for bodily injury or property damage from an accident during their stay. This covers accommodations such as mobile homes, but excludes auto or mobile equipment and other circumstances.
You may be able to prove a host is liable for your injuries if other guests have previously reported the issue that caused your accident. For example, if you were injured because of a loose staircase railing, but the host knew of the loose railing before your stay, they could be considered liable.
Can Airbnb Be Held Responsible for Injuries or Accidents?
No, Airbnb is not typically liable for injuries sustained by guests at a rental property. Airbnb, or other similar platforms, is considered a platform for renting and not a property owner or operator, which shields them from direct liability in most cases. Still, there are rare exceptions where Airbnb could be held partially responsible.
Airbnb could be seen as liable if there were known safety issues before your stay that other guests documented, or if Airbnb was directly involved in the rental property. This could be Airbnb failing to cancel upcoming reservations for a property with hazards or not removing listings from their platform. Hosts must communicate clearly with guests, state house rules and expectations, and inspect their properties after guests leave. Any aspects of the house that could prove to be a hazard, like a pool or stairs, must be clearly expressed in the rental description.
In certain cases, Airbnb’s terms may require arbitration for claims asserted against the platform itself—an experienced attorney can review your options.
What To Do After an Injury in an Airbnb
If you were in an accident at an Airbnb, to protect yourself and your rights, you should:
- Seek Medical Attention: No matter the seriousness of the injury, you should always seek medical attention after an accident, especially if there is a chance of you pursuing a premises liability claim. Seeing a doctor can also ensure you don’t have any hidden injuries, like internal bleeding or traumatic brain injuries. Documentation of your injuries offers legal protection and can support your recovery claim.
- Document What Happened: Take pictures and videos of where the accident happened, any injuries you received, and any damaged property. An example could be a loose railing, a video showing it move, broken steps, or inadequate lighting on a staircase that caused your fall.
- If anyone else witnessed the accident, get their statements on what happened. Report the accident to the Airbnb host in writing, and keep a record of all communication between you and the host.
Notify Airbnb: Report the accident to Airbnb through their app or website, and also be sure to report the accident to the host through the Airbnb app. Reporting through Airbnb will provide extra documentation of your providing a record of the incident.
- If anyone else witnessed the accident, get their statements on what happened. Report the accident to the Airbnb host in writing, and keep a record of all communication between you and the host.
- Contact a Premises Liability Lawyer: If you’ve been injured, you should reach out to an experienced premises liability lawyer who has handled cases with Airbnb before. Having an attorney on your side can help you get fair and maximum compensation for your injuries after an accident at a short-term rental property. Our legal team at NST Law will investigate the cause and liable parties of your accident and gather further evidence like witness statements, security footage, and maintenance records. We will also consult experts and handle insurer communications and deadlines on your behalf.
Knowing Your Legal Rights and Staying Protected
As a guest, you should treat your host’s home like your own and follow the host’s standard house rules. The accommodation should be clean and safe, and if any issues arise, you should always contact the host immediately.
If there was an incident, you should contact the host, document the issue using the Airbnb message thread, and provide photos. If the host can’t resolve the issue, contact Airbnb directly to report the issue or request a refund through the Resolution Center.
If you were injured while staying at an Airbnb, you should protect your best interests, get legal advice, and act quickly. With NST Law on your side, you can confidently know your options to protect your rights and have support for your recovery.
Let NST Law Help with Airbnb Injury Claims
If you were staying at an Airbnb and were injured or involved in an accident, you deserve to have your rights protected, and you can take legal action against the responsible parties for your injuries. You deserve fair compensation for your recovery and injuries.
NST Law has won billions for our clients, backed by over 35 years of experience and a 175-member team committed to exceptional legal services with compassionate client care. We level the playing field against powerful companies and insurers and prepare every case as though it will go to trial.
If you or a loved one has been injured in an Airbnb accident, contact NST Law today for a free consultation or call (800) 529-4004.
