There was a time not too long ago when going on vacation meant renting a hotel. That meant dealing with noisy hallway “neighbors,” resort fees, crowds, and uncomfortable environmental settings.
Airbnb changed all that. Now, you can rent a comfortable home, complete with amenities and free from crowds. Renting an Airbnb is just like staying in someone’s home or apartment. That means it also has all the potential hazards you would find in your own home. That doesn’t mean you’re going to be injured every time you go on vacation.
However, the risk of injury is present whether you’re staying in a four-star hotel or an Airbnb, simply because you’re in an environment that you’re not familiar with and you’re not in control of.
If you get injured on an Airbnb vacation, it might not entirely be your fault. The Frost Law Firm, PC, has taken the lead as one of the most experienced California Airbnb premises liability lawyers out there.
Our firm has successfully helped many clients navigate the complex liability issues related to injuries that occurred on someone else’s property. These claims are not without their challenges. Our goal remains to provide our clients with a clear understanding of the applicable laws and all their available options for pursuing a fair remedy.
Who Is Liable for an Airbnb Injury?
California is a very popular vacation destination. According to some estimates, there are approximately 13,000 Airbnb listings in Los Angeles and another 11,000 in San Diego.
On any given day, families and couples are checking into an Airbnb to be close to Disneyland, the Sonoma wine country, or one of the many other attractions that draw visitors here from around the world. There are just as many local residents who enjoy the convenience of booking an Airbnb for a weekend getaway.
When an injury happens on a vacation, it is a serious disruption. It is even more upsetting if a property owner’s responsibility could have prevented their injury. An injury that occurs at an Airbnb rental would fall under the category of a premises liability claim.
Before you can establish a premises liability claim, you have to demonstrate the type of visitor you were to the property. There are three types of visitors:
- Licensee
- Invitee
- Trespasser
A licensee is someone who enters a property for their own benefit. A person who is invited over for a party would fall into this category.
A trespasser is someone who does not have permission to be on the property.
As an Airbnb guest, you are generally considered to be an invitee. That is because you are on the property to provide a financial benefit to the property owner. It is the same whether you go into a store or a restaurant. As an invitee, the owner of the Airbnb owes you the highest duty of care. That means they, or their property manager representative, must maintain the property to keep it in a reasonably safe condition. They must also warn guests of any potential hazards they are aware of.
When an Airbnb owner fails in those responsibilities and you get injured because of that, you are entitled to seek a remedy.
How Can You Get Injured at an Airbnb Property?
Injuries occur in households all the time. According to data collected by the National Safety Council, 35,200,000 medically consulted injuries happened in the home across the country in 2023. With a premises liability claim, you have to distinguish between an accident that might be your fault and an accident that is the fault of the property owner.
For instance, one of the benefits of staying in an Airbnb is that you have access to a kitchen. If you burn yourself or cut your finger while you’re cooking, you might not be able to make a claim.
However, if the refrigerator leaks, creating a slippery floor that causes you to slip and fall, you may have an actionable cause.
Here are some other possible injury scenarios:
- Falling down a staircase because of wobbly stair treads
- Slipping on loose area rugs or floor tiles
- Tripping over holes in the yard
- Falls due to inadequate night-time lighting
- Falling objects from shelves
- Assault or theft by intruders because of inadequate security
It will be essential to detail your injuries and support your claim with medical records that verify the extent of the injury.
Does an Airbnb Pay for Injury Claims?
Airbnb is not a free service for renters. They receive a commission on every booking. As a commercial business, it is in Airbnb’s best interests to provide host liability insurance (HLI). Airbnb offers a property owner liability insurance with up to $1 million in coverage for any injuries that occur to a guest during their stay. That includes physical injuries or theft.
There are limitations and exceptions to what this policy covers. For instance, the HLI only covers a property that is owned or controlled by a host. That property must be listed on Airbnb and booked through the Airbnb platform.
There could be a scenario where you book an Airbnb vacation and then make arrangements with the homeowner for another stay, but you don’t go through Airbnb; you pay the owner directly. In that scenario, the HLI would not apply.
The $1 million is per incident, with a total limit of $1 million available to the host.
If there were an incident where several people were injured, such as a deck or dock collapse, the million would be split among all the people who file claims for that incident. They wouldn’t each get a million.
Additionally, if there were previous claims against the host, the amount available for coverage would be adjusted accordingly. For example, if $200,000 were already paid out on the claim, there would only be $800,000 available in compensation.
In addition to the Airbnb HLI cover, the property owner might also have a short-term vacation rental insurance policy. That policy is also a potential source of compensation.
However, it is essential to remember that you can’t be paid twice by two different policies for the same injury incident.
How the Frost Law Firm, PC Can Help
If you’ve been injured at an Airbnb rental due to the negligence of the host, it no doubt ruined your vacation. Now, in addition to all the costs of the vacation, you also have mounting medical bills and possibly lost wages. You’re also wondering what will happen next?
The first step is to share what happened with one of our attorneys during a free consultation.
That’s where we can discuss what your options are for pursuing a claim. We will also be honest about the merits of your claim. We have years of experience handling these types of injuries, and we’ll only move forward if we are confident in an outcome.
Contact us to schedule your complimentary consultation today.
