Airbnb and Vacation Rental Liability

Posted On January 1 2024 | Personal Injury

You might be excited to use Airbnb or another type of vacation rental service when planning your trip with friends or family. However, have you thought about what happens if you or a loved one sustains an injury on the Airbnb or rental premises? Situations like this can get challenging, particularly if you think you are entitled to compensation due to the property owner’s negligence.

rental property

Can Airbnb Be Held Liable for Injuries That Happen on the Premises of a Rental?

If an injury occurs at an Airbnb rental, the question of liability can be complex. Hosts have a responsibility to ensure their property is safe for guests. This includes fixing known hazards and warning guests about potential dangers. If a host fails to do so, they could be held liable for any injuries that occur as a result​​.

The actual company, Airbnb, typically remains shielded from liability in these instances unless the company or should have known about a hazardous condition on the property and did not take steps to remedy the situation. However, Airbnb does have insurance in place for victims who sustain injuries that were not the guests’ fault. The company offers a $1 million liability policy through its Airbnb Host Protection Insurance. The insurance will pay out compensation up to the policy limits if a guest gets hurt during their stay, but only if the injury occurred due to the negligent actions or oversight of the property owner.

We want to note that this insurance is not available for pollution or mold-related illnesses or injuries.

Steps to Take if You Sustain an Injury at an Airbnb

There are several steps you can take if you sustain an injury at an Airbnb to help not only ensure your well-being but also help preserve evidence and documents for any potential premises liability claim.

  1. Ensure safety and notify the host. Immediately assess your safety and inform the host about the accident, including the location and conditions leading to it.
  2. Document the incident. Take detailed photographs of the accident site and any visible injuries. This documentation is vital for building your case.
  3. Gather witness information. Collect contact details of any witnesses present.
  4. Seek medical attention. Visit a healthcare professional for an examination and keep all medical records and bills related to the treatment.
  5. Consider legal options. Explore filing a claim through Airbnb’s host liability insurance or pursue a personal injury lawsuit in civil court against the property owner for negligence​​.

Ultimately, the best way to understand your options moving forward is to seek a free consultation with an experienced premises liability lawyer in Colorado. An attorney will examine the evidence in your case and help outline the best steps for recovering compensation.

Possible Compensation After an Airbnb Injury

Individuals harmed at an Airbnb may be able to recover various types of economic and non-economic damages. This includes, but is not limited to:

  • Any emergency medical expenses
  • Ongoing follow-up medical costs
  • Surgical expenses
  • Medications or medical devices
  • Lost wages if a victim cannot work
  • Out-of-pocket household expenses are rising due to the incident
  • Property damage expenses

Your attorney will work with trusted financial and medical experts to help determine the value of your claim.