Airbnb is the increasingly popular alternative to hotels during vacations and group events because of its affordability and flexibility. The peer-to-peer transaction offers an easy solution for both hosts and travelers. However, you may find yourself in difficult legal situations if an accident occurs during a booking. Whether it’s an injury to a guest or damage to the host’s property, either party is susceptible to legal consequences. Learn what your rights are and how to file claims for injury and property damage.
COMMON AIRBNB RISKS AND ACCIDENTS
While many stays are hassle-free, Airbnb horror stories are widely prevalent. There are two common Airbnb accident claims:
1. Bodily Injuries in Airbnb Rentals
Guests may experience the following types of injuries during their stay:
- Slip and falls from poorly maintained floors, loose carpets, or wet surfaces.
- Structural failures like collapsed staircases, broken railings, or roof cave-ins.
- Unsafe conditions such as mold exposure, asbestos, or lawfully required smoke detectors.
- Assaults or violent crimes due to lack of security measures.
Under premises liability law, Airbnb hosts must ensure their property is safe. If they fail to remove hazards, they could be legally responsible for injuries that occur on their property.
2. Property Damage Claims
Hosts often face losses due to:
- Vandalism and theft by guests.
- Fires and water damage caused by guest negligence.
- Luggage damage or lost items, which can also be claimed by guests.
WHO PAYS FOR THE ACCIDENTS?
Hosts should be aware that most standard homeowner’s insurance policies have an exclusion for rental business activities and should check with their provider to know what they are protected against. While Airbnb does provide some insurance protection and guarantees, coverage gaps may leave both hosts and guests struggling to recover losses. Let’s break down those protections:
Airbnb Host Protection Insurance
- Covers up to $1 million for third-party liability claims (injuries to guests, property damage claims from landlords).
- Exclusions include: Assault, intentional acts, pollution, bed bugs, and natural disasters.
Airbnb Host Guarantee
- Reimburses hosts for up to $1million in property damage caused by guests
- This is not insurance, however, and many claims face delays, denials, or inadequate compensation
Airbnb Security Deposits
- Hosts can require a deposit, but Airbnb decides claim approvals, often in favor of the guests
Many hosts mistakenly assume these protections cover everything, but they don’t. Consulting an insurance professional or an Airbnb accident attorney can help fill these coverage gaps.
STEPS TO TAKE AFTER AN AIRBNB INJURY OR PROPERTY LOSS
If you’ve been injured or suffered property damage in an Airbnb rental, follow these steps:
For Injured Guests:
- Seek medical attention immediately. Documentation is crucial for your claim, and symptoms after accidents can often have delayed onset.
- Gather evidence by taking photos of the accident scene and your injuries.
- Obtain witness statements if others saw what happened. Collect their contact details for later.
- File a claim with Airbnb and keep records of your communication with them.
- Consult a personal injury lawyer immediately. Airbnb and its insurers will be working to deny your claims. Having an attorney will increase your chances of success.
For Hosts with Property Damage:
- Take photos and videos of all damage incurred.
- Report the issue to Airbnb and document all communication with them.
- File a police report if necessary, especially in cases of vandalism or theft.
- Consult a lawyer if Airbnb denies or undervalues your claim.
WHY YOU NEED A PERSONAL INJURY LAWYER FOR AIRBNB ACCIDENTS
Dealing with Airbnb’s legal team and insurance adjusters can be overwhelming. A lawyer can help you:
- Prove liability and navigate Airbnb’s complex policies.
- Negotiate a fair settlement instead of a lowball offer.
- File a lawsuit if necessary to recover compensation for medical expenses, lost wages, or property damage.
At TORKLAW, we specialize in these types of injury lawsuits and property damage claims. Our experienced team fights for victims who have been wronged by negligent hosts, careless guests, or Airbnb’s difficult claims process.
Get a Free Consultation Today
Don’t wait for Airbnb and its insurers to devalue and deny your claims. TORKLAW can help you get ahead of this, with no cost to you unless we win. Call 888.845.9696 for a FREE consultation now.
