Airbnb Premises Liability For Criminal Acts

Types Of Criminal Acts On Airbnb Properties

Airbnb lists the following types of activities as prohibited and illegal, including:

• Illicit drug use
• Drug production and manufacturing
• Drug distribution
• Drug cultivation
• Human trafficking and smuggling
• Commercial pornography production
• Commercial sex work
• Child sexual exploitation

While these types of activities can and do occur at Airbnb properties, other criminal acts also happen, such as:

• Burglary
• Theft
• Robbery
• Violent crimes

A recent study in London found that an increase in criminal activities correlated with an increase in Airbnb rental properties in the city. 

Real-Life Examples Of Airbnb Criminal Acts

In 2018, Carla Stefaniak traveled to Costa Rica to celebrate her birthday. She was staying at an Airbnb rental at the Villa Le Mas hotel in Escazu when she vanished the day before her flight home to Miami. The on-site security guard, Bismark Espinoza Martinez, murdered Ms. Stefaniak. Airbnb failed to conduct a background check on Martinez, who immigrated illegally from Nicaragua to Costa Rica. 

In 2019, a woman rented an Airbnb in Orinda, a town outside Oakland, CA. She told the host she was going to have a family reunion, and the host said she could, as long as there were not more than 12 guests. 

However, what ended up transpiring was a Halloween night house party that was advertised on social media and quickly grew to more than 100 people. During the Halloween party, gunfire broke out, and five people were killed, while numerous others were injured. 

Who’s Liable For Criminal Activity On Airbnb Premises?

Determining liability for criminal activity and injuries on Airbnb properties varies based on the specific circumstances. 

When it comes to Airbnb, they do provide up to $1 million in host liability insurance protection for personal injuries that occurred at the property, such as:

• Slips and falls
• Bedbugs
• Electrocution/electrical accidents
• Exposure to dangerous or hazardous chemicals and substances
• Deck and stair collapse/failures

However, when it comes to criminal activities, Airbnb liability insurance generally does not cover any resulting injuries. 

Legal Responsibilities Of Airbnb Toward Guests

Airbnb hosts have a duty of care toward guests to maintain reasonably safe conditions at their rental properties. When they fail to do so, and injuries occur, guests can sue the host and potentially Airbnb under premises liability laws. 

Guests Engaging In Illegal Activity

Airbnb does have some legal responsibilities when it comes to guests engaging in illegal activities, such as:

• Reporting suspected illegal activities to the police
• Removing listings associated with illegal activities
• Taking action against hosts and guests who engage in illegal activities

However, Airbnb is generally not liable for the illegal activities of guests and any resulting injuries in most cases unless they had prior knowledge of such activity and failed to take any actions to attempt to stop it. 

Airbnb Criminal Record Policy

Airbnb’s criminal record policy is to generally not rent to people with criminal records. While they claim to do background checks on people from the United States and those from India, they also state they do not run background checks on every Airbnb user. In cases where they do, the potential host or guest is blocked from listing or renting a rental property. 

What Is The Host’s Liability For Crimes Committed By A Guest?

An Airbnb host is generally not liable for crimes committed by their guests, both authorized and unauthorized. If they knew of any crimes committed and failed to act, like reporting them to the police, they could be liable when injuries occur. 

What Types Of Crimes Are Commonly Committed By Airbnb Guests?

• Burglary
• Theft
• Robbery
• Violent crimes
• Disturbing the peace
• Vandalism
• Public drunkenness

Airbnb Host Liability Insurance

Airbnb’s host liability insurance provides $1 million in coverage to cover personal injuries, losses, and property damages experienced by guests when hosts are negligent and fail to provide a duty of care. However, there can be exceptions where Airbnb liability insurance will not provide coverage. Guests would need to sue the property owner and their homeowner’s insurance company. 

Hosts are legally responsible for ensuring their properties are well-maintained and provide a reasonably safe environment for their guests. They also need to make guests aware of any potential hazards or dangers, such as posting signs or verifying cleaning products are properly labeled. 

When owners are made aware of any issues at their property, they need to make reasonable repairs in a timely manner, such as fixing any torn carpeting or broken flooring.

Hiring A Lawyer For Airbnb Criminal Acts Liability Cases

Airbnb premises liability for criminal acts and those financially responsible for your losses could include the guest renting the Airbnb, the host, or even Airbnb itself. 
It is crucial to know who to file a lawsuit against to avoid wasting time and ensuring you receive the compensation you deserve. At Adam S. Kutner, Injury Attorneys, our Las Vegas premises liability attorneys offer a free case evaluation and consultation. Let us help you get a favorable settlement from the responsible parties.