Staying at an Airbnb is supposed to be a relaxing break from your everyday routine. Whether renting a beachfront cottage in Malibu or a cozy cabin in Lake Tahoe, you expect a comfortable, safe space.
But what if that trip ends with a twisted ankle, a fall down unsafe stairs, or a serious injury?
Unfortunately, accidents can and do happen at short-term rentals. However, it is not always clear who’s responsible in these situations. In California, the answer can depend on several factors, including how the injury happened, who owns or manages the property, and what kind of insurance coverage is in place.
If you have been hurt while staying at an Airbnb, Frost Law Firm, PC is ready to help. Our California Airbnb premises liability lawyer is prepared to assist with your case.
What Is Premises Liability and How Can It Affect You?
Under California law, property owners and occupiers have a legal duty to keep their spaces reasonably safe. This is the basis for premises liability. This applies whether visiting someone’s home, shopping at a grocery store, or staying at an Airbnb.
As a paying guest, you are considered an invitee. In this scenario, the host owes you the highest duty of care. They are expected to:
- Keep the property in a safe condition
- Regularly inspect for hazards
- Fix dangerous issues promptly
- Warn you about any hidden risks
If they fail to do any of these things and you are injured, they could be liable.
When is the Airbnb Host Responsible?
Airbnb hosts in California are either property owners or renters with permission to sublet. Regardless of the type of ownership, the host is responsible for ensuring the property is safe for guests.
Some of these situations where the host is liable include:
- You trip on a broken step that has been loose for months.
- A deck railing gave way because it was not properly secured.
- A rug slips on a slick floor with no non-slip mat underneath.
- Faulty wiring causes you to get shocked or burned.
- The pool area is not properly fenced or lit at night.
If the host knew, or should have known, about the danger and did not fix it or warn you, you may have grounds for a personal injury claim under California premises liability law.
What About Airbnb’s Insurance?
Insurance can always make things tricky, and this is no exception. Airbnb provides a program called AirCover for Hosts. This provides up to $1 million in liability insurance. It is a safety net if a guest is injured and holds the host legally responsible. However, this coverage is not always guaranteed to apply.
Some exclusions include:
- Injuries caused by intentional acts
- Accidents involving communicable diseases
- Injuries from unsafe furniture or appliances
- Harm caused by aggressive pets
Also, Airbnb may deny claims if it believes the host was not actually at fault or if it believes the guest contributed to the injury. In any case, you will want to reach out to a California Airbnb premises liability lawyer to discuss your situation.
Can You Sue Airbnb Directly?
That answer is almost always no since Airbnb is considered a platform, not a property owner or operator. With that, they are shielded from direct liability when accidents happen at listings on their site.
However, there are rare exceptions. If Airbnb was directly involved in creating unsafe conditions or knew about a dangerous host and failed to act, you might have a case. In most situations, though, you must pursue a claim against the host or another responsible party, rather than Airbnb itself.
What If Someone Else Manages the Property?
Sometimes, the person who lists the property on Airbnb does not maintain it. A property management company, a landlord, or a cleaning service might be involved. If your injury happened because of poor maintenance or negligence by one of these third parties, they could share in the liability.
Here is one possible scenario: an owner hired a company to manage the home, and that company ignored repeated reports of a mold issue. If you develop health problems, the owner and the property manager might be responsible for your injuries and damages.
Can a Landlord Be Liable If the Host Is a Tenant?
Yes, they may be responsible. If a structural issue like a collapsing ceiling or faulty wiring caused your injury, the actual landlord could be liable. This could happen if they ignored previous complaints or failed to make needed repairs. In California, landlords have a legal duty to provide safe, habitable properties.
If they fall short of that, they can be held accountable in the same way as hosts.
What If You Signed a Waiver?
Some Airbnb hosts try to include disclaimers or waivers in their listings or house manuals. You may have signed a document stating, “we’re not responsible for injuries” or “use the pool at your own risk.”
You should assume these are ironclad and take away your right to legal action.
California law does not allow waivers to excuse a person or business from liability for gross negligence or intentional misconduct. If the host was careless or knew about a dangerous condition and did nothing, a waiver likely will not protect them in court.
A vague or overly broad waiver may not hold up even for minor negligence. You’ll want to speak with an Airbnb premises liability lawyer in California in these situations. Before discussing your case with a legal professional at Frost Law Firm, PC, you should never assume you’re out of options.
How Long Do You Have to File a Claim?
In California, the standard deadline for filing a personal injury lawsuit is two years from the date of the injury. This is known as the statute of limitations. If you wait too long, your case could be thrown out, even if it’s valid.
If a government agency was involved, such as the injury at a city-owned Airbnb property, you may have as little as six months to file an administrative claim.
What Can You Recover?
If your claim is successful, you could receive compensation for:
- Current and future medical expenses
- Lost income or reduced earning potential
- Pain and suffering
- Emotional distress
- Property damage
- Any out-of-pocket costs tied to the injury
You might also be entitled to punitive damages in rare but serious cases. This is money awarded to punish the person or company responsible for extreme misconduct.
Do the Same Rules Apply to Other Short-Term Rentals Like VRBO?
Yes, similar rules generally apply to other short-term rental platforms like VRBO, Booking.com, Sonder, and Vacasa. Under California law, the platform does not determine liability; it is the condition of the property and the conduct of the host or property manager.
If you’re injured at any short-term rental, the property owner or operator still owes you a duty of care to maintain safe conditions. Whether you booked through Airbnb, VRBO, or another service, you may have a valid premises liability claim if your injury resulted from negligence.
However, each platform offers different insurance protections and dispute resolution processes. For example:
- VRBO hosts rely on their own homeowner’s or rental insurance.
- Some platforms do not offer any guest injury coverage at all.
For this reason, you should consult a premises liability lawyer familiar with California injury law to understand your options, no matter where you booked your stay.
California Airbnb Injury FAQ
What if another guest injured me during my Airbnb stay?
If you were hurt due to another guest’s actions, such as a physical altercation or reckless behavior, the host may not be directly liable unless they knew the guest posed a risk and failed to act. You may be able to file a claim against the individual.
In some cases, the host could be liable if they created a dangerous environment, like failing to enforce occupancy limits.
What if I were injured in a shared-space Airbnb rental?
If you rent a room in a shared space, the host still owes you a duty of care. Hazards in common areas, like kitchens, bathrooms, or staircases, must be kept safe. You may still have a valid claim if the host failed to address a known risk.
Can I still file a claim if I was partly at fault for the accident?
Yes. California follows a pure comparative negligence rule. That means you can recover damages even if you are partially responsible. Your compensation will be reduced based on your percentage of fault.
Is my injury covered if I’m not a California resident staying in a California Airbnb?
Yes. Your residency status does not affect your legal rights. If you were injured at a California Airbnb, you can pursue a claim under California law, whether you live here or are visiting from out of state.
What if I were injured outside the property, like in the driveway or backyard?
The host’s duty of care extends to all areas under their control, including driveways, patios, balconies, walkways, and backyards. The host could be held liable if your injury occurred in these areas due to poor maintenance or a known hazard.
Our California Airbnb Premises Liability Lawyer Is Ready to Help
Getting injured at an Airbnb rental can be stressful and confusing. However, California law protects guests harmed by unsafe conditions, just like it protects customers at stores or tenants in rental units.
While Airbnb may not always cover your injury directly, you still have legal options. Whether the responsibility falls on the host, a landlord, a property manager, or someone else, you have the right to pursue fair compensation for your injuries.
If you’re unsure what to do next, contact Frost Law Firm, PC. Our California Airbnb premises liability lawyer can help you determine your next options.
