When an injury occurs at an Airbnb, you need to know who is legally liable. Airbnb injuries may give rise to legal liability for the host and Airbnb. If you’re hurt at an Airbnb, there are things that you must do to make a claim for financial compensation.
Although the process is relatively straightforward, working with an experienced team of personal injury attorneys is the best way to ensure you get the compensation you need. Here’s what you need to know about Airbnb accidents and injuries.
Who Is Liable If I’m Hurt While Staying at an Airbnb?
If you’re hurt while staying at an Airbnb, the property owner may be liable for your injuries. In addition, you may also be able to recover compensation directly from Airbnb through Airbnb Host Protection Insurance.
A property owner has legal liability for injuries that an Airbnb guest suffers when the property owner is negligent in the way that they care for their property. Premises liability rules apply to determine whether the property owner is negligent and legally liable for an Airbnb injury.
What Are the Standards for Legal Liability for Airbnb Accidents?
An Airbnb owner has a very high legal obligation to take care of their property and prevent accidents. Even though Airbnb is a home-based business, an Airbnb is a business.
People who stay at the Airbnb stay there for the benefit of the property owner who makes money off the transaction. That makes it up to the person running the Airbnb to take the necessary steps to keep the property safe. When the property owner doesn’t actively do their part to protect guests, they may be liable if an injury results.
Airbnb Accidents and Premises Liability
Nevada Airbnb accidents fall under premises liability laws. Premises liability just means that the person who owns the property is the one responsible for keeping it safe.
When a property owner uses their property for a business purpose, like Airbnb, the standard of care is very high. In fact, many Airbnb hosts may not even realize the high burden that they have to care for their property. A property owner must inspect the property for dangers. They must quickly fix any dangerous situations.
Can I Sue the Airbnb Owner If I’m Hurt During a Stay?
If you’re hurt during an Airbnb stay, you may be able to sue the Airbnb operator. To be liable, the Airbnb operator must have been negligent in some way. That means that the accident must occur because the property owner doesn’t do something that they should do to keep the property safe.
For example, if the property owner fails to fix a broken handrailing on the stairs, it might give way and cause you to fall. In that case, the property owner is liable for their negligence because they should have fixed the handrailing. You must make an individual determination into how the accident occurs to determine if the negligence of the property owner is to blame. When you can trace the accident to the negligence of the Airbnb operator, the property owner has a legal obligation to compensate you for your damages.
Making a Claim Against Airbnb for an Accident Through Host Protection Insurance
If you’re hurt at an Airbnb, making a claim against the Airbnb host may be more complicated than it seems. In a perfect world, you would simply submit your damages to the host and wait for payment. Of course, the Airbnb host may have limited resources to pay a claim. They may try to stall or refuse to respond to your requests. Fortunately, you can make a claim for compensation through Airbnb Host Protection Insurance.
Airbnb Host Protection Insurance is an insurance policy that Airbnb extends to hosts. The insurance pays out up to $1 million to the injured person when a guest gets hurt during a stay. The injury must occur because of the negligence of the property owner. The insurance policy does not apply if the host commits intentional harm. Pollution and mold-related injuries are also excluded from claims. Airbnb Host Protection Insurance can be a good way to recover for your damages if you’re hurt while you’re a guest at an Airbnb. If Airbnb refuses to pay you fairly, you can bring a legal claim against both the host and Airbnb itself for refusing to honor their insurance policy.
Is Airbnb Host Protection Insurance the Same as the Airbnb Host Guarantee?
Airbnb Host Protection Insurance is not the same as the Airbnb Host Guarantee. Airbnb Host Protection Insurance protects injured guests. The Airbnb Host Guarantee protects the host when a guest causes property damage. If you’re an injured guest, or if you have a guest that gets hurt while staying at an Airbnb, you make a claim through Airbnb Host Protection Insurance.
What Should I Do If I’m Hurt While Staying at an Airbnb?
If you’re hurt while staying at an Airbnb, you should seek medical attention. Getting medical care right away links the time of the accident to your stay at the Airbnb. You should also take lots of photos of the accident scene. It may be your only chance to see and document the accident scene as it is at the time of the accident.
Notify the property owner that you’re hurt, and make a claim through Airbnb Host Protection Insurance. In addition, you should work with an experienced personal injury attorney to ensure that you determine the fair value for your injuries.
Does Homeowner’s Insurance Cover an Accident at an Airbnb?
Most homeowner’s insurance policies do not cover Airbnb accidents. Airbnb is a commercial use of the property. Most homeowner’s policies exclude commercial applications of property from liability coverage. If you’re hurt at an Airbnb, it’s wise to look at the host’s personal insurance policy, but don’t be surprised if it’s not available to pay your claim. Instead, you may recover from the host directly as well as from Airbnb.
Contact Our Nevada Injury Attorneys
Were you hurt while staying at an Airbnb? You deserve top dollar for your claim. Our Nevada Airbnb accident attorneys can help you get fair compensation for your claim. Contact Adam S. Kutner & Associates for your free, confidential consultation.
This webpage is not intended to be an advertisement or solicitation. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Material contained in our website is for general information only and does not constitute legal advice or solicitation of legal services.
Transmission of information from this site is not intended to create, and its receipt does not constitute, an attorney-client relationship between Adam S. Kutner and the user of this site. In the event that any information on this web site does not conform fully with regulations in any jurisdiction, this law firm will not accept representation based on that information.