Airbnb Liability: Everything You Need To Know

Airbnb Host Liability 

Since contracts on Airbnb are between hosts and guests, the company is significantly immunized from liability in most cases. Therefore, hosts are usually responsible for Airbnb accidents and other issues. 

If a host fails to provide a safe listing, including meeting the basic requirements set by Airbnb regarding health and cleanliness, privacy, safety, and so on, they may be responsible if a guest sustains an injury/damage as a result.

Five Issues Airbnb Hosts Can Be Responsible For

An Airbnb host may be held liable for:

1. Injury or Property Damage

If a guest is injured on a host’s property, they can have a claim against the host. Damage to a guest’s personal property can also result in a lawsuit. An Airbnb injury lawyer can help the guest strengthen their claim.

2. Damage to a Neighbor’s Property

Hosts in multi-unit buildings can be found liable for damage to a neighbor’s property. For example, an Airbnb host once reported a case involving a guest who failed to unplug the bathroom drain, causing water to build up to the point of passing through the floorboard and flowing into two apartments below the listing. 

3. Failure To Observe Regulations

Airbnb hosts are required to observe the laws in their city, county, state, province, territory, and country. Many regions require them to have business licenses. Hosts are also required to follow zoning rules and pay taxes, among other regulations. If a host fails to follow applicable laws, they pay hefty fines.

4. Violation of Agreements

Hosts who are renters or have signed homeowners’ association agreements should be careful not to violate the provisions of their contracts lest they are evicted or pay penalties. These provisions should be communicated to guests as well.

5. Tax Debt

Airbnb hosts should be well-informed about the taxes they need to pay to avoid getting into trouble. Since Airbnb income is considered taxable income, failing to pay taxes can be unlawful.

Airbnb Sharing Liability With Hosts and Guests

Limitations to Airbnb’s liability are included in the company’s “Terms and Service,” stating the company won’t be liable for any damages arising out of or in connection with the use of host services.

Therefore, hosts are responsible for the standards of their accommodation, and guests can be liable for the damage they cause to a host’s home and belongings. 

Airbnb’s liability is limited in most cases, but they can be found liable when they are directly negligent, for example, when they keep a negligent host on the platform despite numerous complaints.

Host Liability Insurance

Airbnb protects its hosts through different programs, one of them being the Host Liability Insurance (HLI) program, which protects hosts from liability for bodily injury and property damage to guests or others (the guest’s invitees or neighbors) caused by an accident during a guest’s stay. 

However, some injuries/damages to a guest may be excluded from the insurance depending on the circumstances that led to them.

Guests Signing the Airbnb Liability Cover

Airbnb’s guest release and waiver protects hosts from any liability, demand, loss, damage, or costs they would normally be responsible for in case of an accident or property damage. When a guest signs an Airbnb liability waiver, they indemnify the host and hold them harmless for any injury/damage.

Airbnb requires hosts to disclose this waiver and any other contract beforehand. So, you are not obliged to sign it. 

Airbnb AirCover

AirCover for Hosts is an extensive Airbnb liability coverage that protects guests and hosts. Guests are covered under Host Liability insurance and Experiences Liability insurance, which gives hosts $1 million when they are found liable for an injury a guest sustains or if the guest’s belongings get lost or damaged.

Parties that work with the host are also covered by Host Liability insurance. For example, when a cleaner fails to dry the floor appropriately, causing a guest to slip and fall, injuring their back, the Host Damage Protection under AirCover covers hosts. 

Airbnb Host Protection Coverage

The Airbnb Host Protection under AirCover covers guests who sustain bodily injury or experience damage to or theft of their property. This insurance does not cover intentional injuries or damages. A guest who fails to employ a personal safety measure, such as locking the door, may not be covered for any injury they incur.

Call a Las Vegas Airbnb Liability Attorney

If you are injured while staying in an Airbnb, you can receive compensation for your damages from Airbnb Host Protection insurance by filing an Airbnb injury claim. However, the company may refuse to compensate you or, at least, what you deserve. For this reason, it will be best to call a Las Vegas Airbnb liability lawyer sooner rather than later to make informed decisions.