Airbnb Guest Injury Liability

Understanding Airbnb Guest Injury Liability: Who Is Responsible?

Determining who is responsible for your injuries when they occurred at an Airbnb rental depends on the specific circumstances. Airbnb accidents and premises liability laws could apply to your situation. Hosts have a duty of care to maintain a reasonably safe property and make renters aware of any potential hazards or dangers. If they failed to do so, then they could be held responsible. 

What Happens If A Guest Gets Injured At An Airbnb?

If you are injured at an Airbnb property and the host was negligent, you can file a claim through Airbnb. Airbnb provides host liability insurance coverage up to $1 million if guests get injured due to hazardous, unsafe, or dangerous conditions at the host’s property. This insurance is applied to just about every listing, with a few exceptions. 

You can open a claim through the Airbnb app. However, before speaking with Airbnb and their insurance company, it is highly recommended to consult with an Airbnb injury lawyer. Airbnb’s insurance company has its own lawyers and skilled adjusters whose primary goal is to get you to settle for the lowest amount possible or even use tactics to deny your claim. 

Airbnb Host Liability VS. Platform Responsibility: Who Covers What?

There are limitations to Aribnb’s host liability insurance, as it does not cover every incident or accident. Generally, it provides protection for renters to cover their injuries or property being damaged or stolen when the host is found legally responsible and includes:

• Personal injuries to renters and their guests
• Personal property damage
• Personal property theft

Airbnb liability insurance does not cover:

• Intentional property damages or injuries, such as assaults
• Damages to the host’s rental property

Except in the UK, hosts can opt out of the free Airbnb liability insurance. So, before renting an Airbnb property, verify the host has this coverage. 

Regarding platform responsibility, Airbnb limits its liability using different methods, such as:

• Terms of Service: The Airbnb Terms of Service agreement has a section called “Limitations on Liability.” This section states Airbnb is not liable “for any damages for personal or bodily injury or emotional distress…”
• Guest release and waiver: Some hosts may attempt to get you to sign the guest release and waiver. This essentially relieves the host and Airbnb from liability should you get injured. However, hosts are required to disclose the waiver upfront. You can also refuse to sign the waiver and not give up your rights. 

Despite these attempts to limit liability, Airbnb could still be held responsible in certain situations. For instance, they knowingly continued to list a property on the platform with hazardous or dangerous conditions. 

Airbnb Insurance Policies: What Does AirCover Protect?

AirCover is a combination of different types of insurance coverage for hosts, which includes:

• Identify verification
• Reservation screening
• $3 million host damage protection
• $1 million host liability insurance
• $1 million in host experiences liability insurance
• A 24-hour safety hotline for hosts

AirCover also protects services used by hosts. For example, the cleaning company waxes the floors, which are too slippery. A guest slips and falls and is injured. AirCover would cover the guest’s injuries in most cases. 

Also, hosts are still required to carry personal liability insurance on their rental properties through their insurance company. Hosts must also maintain their own auto liability insurance if they offer guests free shuttle service or other such transportation amenities. 

Common Scenarios Of Guest Injuries At Airbnb Properties

Some of the different scenarios where guests have been injured at Airbnb rental properties include:

• Airbnb slip-and-fall cases: Damaged flooring, staircases, loose railings, slippery floors, and poor lighting can lead to slips and falls.
• Defective furniture and appliances cases: This includes electrical shocks, bodily injuries from furniture breaking, slips and falls from leaking refrigerators, and burns from unregulated hot water heaters.
• Structural danger cases: This includes broken railings and stairs, collapsing ceilings, decks, patio enclosures, and falling ceiling fans and overhead lights. 
• Swimming pool injury cases: Slipping on pool decks, head and spinal diving injuries, and drowning. 
• Carbon monoxide and fire injury cases: This includes carbon monoxide and fire injuries because the properties did not have these warning devices or they malfunctioned.
• Insufficient security cases: Broken locks, poorly lit areas, or other unsafe conditions that result in theft and assault. 

Steps To Take If You Are Injured At An Airbnb Property

The steps to follow if you are injured at an Airbnb property are:

• Seek medical treatment immediately
• Open an Airbnb injury claim with Airbnb through the app or online
• Gather evidence, including pictures and videos of where you were injured, to prove negligence
• Schedule a free consultation with an Airbnb injury liability attorney

How To File An Airbnb Insurance Claim For Guest Injuries

After seeking medical treatment, you can file an Airbnb insurance claim in the app or online. You should also notify the host of the accident and resulting injuries through the app. In your message, ask them to provide the name of their insurance company for the rental property in case you have to file a lawsuit against their personal insurance.  

Legal Options For Injured Airbnb Guests: When To Seek A Lawyer

You should speak to a premises liability attorney as soon as possible after your injuries have been treated. Airbnb’s insurance company is working to make a profit, not pay out Airbnb injury claims. They will do what they can to reduce, limit, or deny your claim and work in their best interests, not yours. 

While your claim is generally against the host, in certain situations, Airbnb and other third parties could be liable as well. Also, premises liability laws, lawsuits, and legal processes are complex, so speaking with an attorney is in your best interest.

At Adam S. Kutner, our Airbnb injury lawyers work on a contingency basis. This means we do not collect legal fees until we have negotiated a favorable settlement or verdict. 

Key Takeaways For Guests

• Inspect the property upon arrival for potential hazards and dangers
• If you are injured, seek medical treatment immediately
• Document the accident scene and your injuries with pictures and videos
• Open a host Airbnb liability claim with Airbnb
• Notify the host
• Contact a premises liability attorney for a free consultation as soon as possible

Request Your Free Consultation With Our Premises Liability Lawyer Today

When visiting Las Vegas, if you are injured at an Airbnb rental property, do not leave town without obtaining free legal advice from Adam S. Kutner, Injury Attorneys. Our law firm can help you secure maximum compensation for your injuries and personal property damage from the host and Airbnb. Request your free consultation now. 

FAQ

What Should I Do If I Get Injured At An Airbnb?

If you get injured at an Airbnb:

• Seek medical treatment
• Open a claim with Airbnb
• Speak with an Airbnb injury lawyer

Can I Sue The Host Or Airbnb For My Injuries?

You can sue the host for personal injuries and property damages due to their negligence. You may also be able to sue Airbnb, but only in certain situations. 

Does Airbnb’s Insurance Cover All Medical Expenses?

Airbnb’s host liability insurance will cover all medical expenses as long as the host is liable for the guest’s injuries. 

What Is Airbnb’s Host Guarantee?

Airbnb’s Host Guarantee is protection for hosts that provides up to $1 million in coverage in case guests damage or steal their property.