Is Airbnb just for travelers? Contrary to popular belief, it isn’t anymore. Families and groups of friends are using it too. But even in the best rentals, accidents can happen. If you’re injured during your Airbnb stay, you might wonder if the host is responsible.
In California, Airbnb hosts can be held liable for injuries in certain situations. Understanding these situations is crucial for protecting your rights as a guest. Here are some instances where an Airbnb host could be responsible for guest injuries:
- Unsafe conditions: Hosts must repair broken items and remove any hazards that could harm guests. This includes things like loose railings, broken steps, or exposed wiring.
- Failure to warn: Hosts must inform guests about hidden dangers on the property. However, they don’t have to warn about obvious risks, like a staircase.
- Misrepresenting the property: If a host lies about safety features or property characteristics, and someone gets hurt as a result, they could be held responsible. For example, claiming a pool is fenced when it isn’t.
- Violating local laws: Many cities have specific rules for short-term rentals. If a host breaks these rules and a guest is injured, the host may be liable.
It’s important to note that not only property owners can be held responsible. In California, even tenants who sublet through Airbnb can be liable if a guest gets hurt on the property they are managing.
Building your premises liability claim
If you’re injured at an Airbnb, it’s vital to document everything:
- Take photos: Photograph your injuries and the condition that caused them.
- Seek medical attention: Get medical help immediately. This creates an official record of your injuries.
- Report the incident: Notify both Airbnb and the host about the incident.
Keep all documentation, including medical bills, photos and communication with the host and Airbnb. This evidence can help strengthen your case if you need to file a claim or lawsuit. It helps prove the host’s liability and the extent of your injuries when seeking compensation.
Dealing with a stubborn host
If the host refuses to cooperate or accept responsibility, you should consider consulting with a premises liability lawyer. A lawyer can guide you through the legal process, gather additional evidence and negotiate with the host or their insurance company.