Airbnb Injuries - Who is Responsible if I'm Injured on the Property? (2024)

Airbnb Injuries: Who Is Responsible if I’m Injured?

When you’re planning a trip to that beautiful tropical island or isolated mountain cabin, the last thing on your mind is getting injured. But accidents happen–even on vacation. If you’ve opted to stay in a rental home rather than a traditional hotel, you may be wondering: who is responsible if I’m injured at an Airbnb?

Can I Sue the Host for an Airbnb Accident?

If you are hurt while at an Airbnb, you may be able to sue the host for personal injury. Airbnb rentals are generally private homes, but they are also big business. As a business operator, the homeowner is legally obligated to maintain reasonably safe conditions. As a private individual, however, an Airbnb host may not have the same level of safety expertise that a hotel would.

To win an Airbnb injury lawsuit, you need to prove that the property owner was negligent in some way. If the host’s lack of care contributed to your injury, you may qualify for compensation, including lost wages, pain and suffering, and punitive damages.

Can I Make an Airbnb Insurance Claim?

The most straightforward way to receive compensation for your Airbnb injury is to make a claim through Airbnb’s host liability insurance. Automatically applied to every listing, this insurance provides coverage for up to $1 million if you get hurt due to unsafe conditions at an Airbnb.

But there are exceptions to this policy. For example, Airbnb’s insurance may not cover injuries due to illegal activities or intentional acts (such as assault), car accidents, and certain environmental exposures like asbestos, mold, and pollution. In such cases, you may need to explore other legal options.

What Should I Do When I’m Injured at an Airbnb?

Whether you end up making a claim through Airbnb insurance or suing the host directly, you can take several steps to protect your rights. If you’re seriously injured at an Airbnb, the first thing you should do is get medical treatment. It will provide a record of your injuries and link them to the time of your Airbnb stay.

In addition, take pictures of the Airbnb accident scene. It may be your only chance to document that broken handrail on the stairs or massive pothole in the driveway. If someone else saw the accident, ask them to provide a witness statement.

Do I Need an Airbnb Accident Lawyer?

You don’t need an attorney to file a claim through Airbnb insurance. However, be aware that insurance companies work for themselves, not for you. If you’ve suffered a severe Airbnb injury, the insurance payout may not cover your bills. In addition, if your injury falls under one of the insurance exclusions, you may have to file an Airbnb accident lawsuit to receive any compensation.

The best way to ensure fair compensation is to consult with an experienced Airbnb injury lawyer. At Altman & Altman LLP, we have over 50 years of experience helping clients protect their rights. We can evaluate your claim and recommend the best way for you to move forward. So contact us today for your free consultation with a Boston Airbnb accident attorney!

Airbnb Injuries - Who is Responsible if I'm Injured on the Property? (2024)

FAQs

Airbnb Injuries - Who is Responsible if I'm Injured on the Property? ›

If you are hurt while at an Airbnb, you may be able to sue the host for personal injury. Airbnb rentals are generally private homes, but they are also big business. As a business operator, the homeowner is legally obligated to maintain reasonably safe conditions.

What happens if someone gets hurt on my Airbnb property? ›

Fortunately, you can make a claim for compensation through Airbnb Host Protection Insurance. Airbnb Host Protection Insurance is an insurance policy that Airbnb extends to hosts. The insurance pays out up to $1 million to the injured person when a guest gets hurt during a stay.

Who has the liability for property damages on Airbnb? ›

In an Airbnb arrangement, both the host and the guest may face claims for property damage or loss. For example, a host may face property damage or loss due to criminal conduct (theft) of a guest. On the other hand, a guest may face additional liability due to the loss or damage of the host's property.

Who pays for damage at Airbnb? ›

Airbnb offers Host Damage Protection as a contractual guarantee from Airbnb for the benefit of Hosts that is triggered only after a Responsible Guest, as primary obligor, defaults on their primary performance obligation to pay Hosts under the Airbnb Terms of Service (“Terms”) for Damage Claims that they are responsible ...

Can Airbnb force me to pay damages to the host? ›

You may be asked to pay

You'll be given the opportunity to voluntarily submit a timely payment or an appeal. If you don't submit a timely payment or appeal, or your appeal is unsuccessful, your payment method will be charged. (This doesn't apply to stays in China, Japan, or India.)

Can you sue an Airbnb host for injury? ›

To win an Airbnb injury lawsuit, you need to prove that the property owner was negligent in some way. If the host's lack of care contributed to your injury, you may qualify for compensation, including lost wages, pain and suffering, and punitive damages.

How do I file an injury claim with Airbnb? ›

Once you're safe and your immediate concerns have been addressed, report the incident to us. The fastest way is to use your Airbnb app, tap your Profile and select Get help, then tap Contact us under your trip. Find more safety tips and guidelines for stays and Experiences.

How to request money for damages on Airbnb? ›

The reimbursem*nt process

Here's how to get reimbursed if damage does happen during a stay: Document the issue by taking photos or videos, getting repair or cleaning estimates and/or receipt. Within 14 days of the responsible guest's checkout, file a reimbursem*nt request in the Resolution Centre.

Can you dispute Airbnb damages? ›

No problem! Go to the Resolution Center to open a refund or payment request. You have up to 60 days after your reservation's checkout date to submit a Resolution Center request. One thing to note: You may need to add a payment method before sending or requesting money through the Resolution Center.

Do Airbnb owners get sued? ›

Frequently, injured guests only consider holding the property host legally liable, but the Airbnb company can be held liable as well. Though Airbnb requires its hosts to have homeowners insurance if they want to list a property, you can sue the company for failing to provide renters with a safe space.

What is the Airbnb accidental damage policy? ›

Accidents are rare, but they happen. If you, someone you invite or a pet are responsible for damage during a stay, let your Host know right away. Your Host can send you a reimbursem*nt request in our Resolution Centre to cover the cost of the damage, and you'll have 24 hours to respond.

Does Airbnb give compensation? ›

Someone from our team will step in to help resolve the issue. If we find it's an issue that's supported by AirCover for guests, we'll help you find a similar place, depending on availability at comparable pricing. If a similar place isn't available or you'd prefer not to rebook, we'll give you a full or partial refund.

How to claim Airbnb compensation? ›

  1. What to do if you break or damage something during your stay. You should let your Host know right away if you break or damage something during your stay. ...
  2. If your Host sends you a reimbursem*nt request through the Resolution Centre. ...
  3. Airbnb may step in to review the request. ...
  4. You may be asked to pay.

What happens if an Airbnb guest refuses to pay for damages? ›

If they don't respond, pay partially, or decline payment, you'll be able to submit a reimbursem*nt request under Host damage protection. Airbnb Support will then step in and review the request. (If the accommodation is in Washington state, our insurer will review the request.)

What are you liable for in an Airbnb? ›

The Host liability insurance program (“HLI program”) insures Hosts, in certain countries, for their legal liability for bodily injury or property damage to guests or others resulting from an event that happens during a guest's Airbnb Stay at the Host's Accommodation, subject to the terms, conditions, and exclusions of ...

How much does Airbnb provide its hosts in damage protection? ›

Airbnb offers Host Damage Protection as a part of AirCover for Hosts—free comprehensive protection included with every booking. Host Damage Protection provides hosts with $3 million in coverage in the rare event guests damage their rentals or belongings during an Airbnb stay.

What to do if someone damages your Airbnb? ›

The reimbursem*nt process

Here's how to get reimbursed if damage does happen during a stay: Document the issue by taking photos or videos, getting repair or cleaning estimates, and/or receipt. Within 14 days of the responsible guest's checkout, file a reimbursem*nt request in the Resolution Center.

What is the Airbnb policy on accidents? ›

Host liability insurance covers you if you're found legally responsible for: Bodily injury to a guest (or others) Damage to or theft of property belonging to a guest (or others) Damage caused by a guest (or others) to common areas, like building lobbies and nearby properties.

What is the Airbnb injury settlement? ›

If you are injured while staying in an Airbnb rental, the company offers host protection liability coverage up to $1 million for personal and bodily injuries sustained while staying on the rental property. With this coverage, you may be able to recover damages.

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