Over the last decade Airbnb has continued to increase in popularity –  thousands of travelers who take vacations and weekend getaways enjoy having an entire house or apartment to themselves, instead of a traditional hotel room. Staying in an Airbnb offers the many comforts of home while you explore new cities and visit dream destinations. 

But what happens if you get injured while staying at an Airbnb? If you sustain an injury while staying at a hotel, the legal process can be more straightforward: you and your legal team work with the hotel and it’s insurance carrier to determine liability, damages, coverage for medical costs, and more. If the hotel doesn’t cooperate at the outset, you and your legal team may decide to file a lawsuit immediately. Liability for an injury while staying at an Airbnb is not so straightforward, however, because the company’s Terms of Service stipulate that guests cannot sue the company. 

After your injury, getting compensation as well as recovering medical costs and missed income, can quickly become an exhausting, frustrating task. In this article, we explain what to do after an injury in an Airbnb. If you have any questions, or want to speak with someone about your Airbnb injury, please contact us today. Our experienced team will be happy to discuss your rights. 

Airbnb 1 - Who is liable for an injury at an Airbnb?

What you should do after being injured at an Airbnb

Some of the most common injuries that occur at Airbnbs include slipping on slick floors, tripping over uneven surfaces or hard-to-see steps, injuries caused by shelves or other furniture falling, injuries caused by loose railings on staircases, and injuries caused by inadequate lighting on the property. 

If you’ve been injured while staying at an Airbnb, we recommend you take these steps immediately after your injury:

  • If your injury requires immediate medical attention, go to the nearest hospital and seek treatment. 
  • Take photos of the property where your injury occurred, and be as thorough as possible
  • Notify your Airbnb hosts and let them know you’ve been injured 
  • Keep detailed records of everything, including photos of the property and any medical paperwork if you are treated at a hospital
  • Contact a legal team who has experience handling Airbnb injury cases and learn more about your right to compensation

What you need to know about Airbnb’s liability policy

Airbnb’s liability policy states that people cannot sue the company if they are injured, so it’s most likely that the host will be held responsible for injuries that occur on their property. Airbnb hosts have an obligation to provide safe accommodation for all guests, and when they register as an official Airbnb host they must agree to these terms and conditions. Unfortunately, even in the safest conditions, accidents can and do still happen. 

Many Airbnb hosts falsely believe that homeowner’s insurance will cover them in the event that a guest is injured on their property, but Airbnb technically falls under the category of “conducting business”, which is not covered by homeowner’s insurance. We advise all Airbnb hosts to consult with an experienced legal team who can ensure they’re properly covered in case any accidents happen on their property. 

If you regularly use Airbnb, we recommend asking your hosts about their insurance policies in the event you get injured. It’s better to be proactive and understand the situation than to wait until an accident has occurred. Determining liability and recovering compensation for damages can quickly turn into a long, arduous process and you’ll need legal guidance.  Airbnb offers Host Insurance and this coverage may be available to you if you suffer injuries on the property.

If you’ve sustained an injury while staying at an Airbnb and have questions about what you should do next, please contact our team at Eric Mausner Law today. You need professional legal guidance throughout this process, and we look forward to hearing from you.