What You Need to Know about Injury Liability in an Airbnb

By Scott Glovsky on March 3rd, 2018 in Personal Injury

People travel a lot over the holidays, and when they do, they are often looking for a way to cut expenses. Staying at someone’s home through Airbnb is a great way to save money while still having a unique travel experience, and with the variety of beautiful homes in California, tourists can often find the nicest accommodations around for a fraction of the usual price. But what happens if someone becomes injured while staying at an Airbnb?

This would fall under premises liability law in California, and in the case of an Airbnb, the homeowner would be held to the same strict standards that a hotel owner or other store owner would be. Since they are profiting from the individual’s stay, they are considered by the law to be doing business with them. Because of this, they may be held liable for providing compensation to the injured party.

However, Airbnb also provides up to $1 million dollars in insurance for the homeowner. If someone is injured and their expenses are less than this amount, Airbnb could end up paying for all expenses. If the expenses are more than that, the homeowner could be responsible for paying the remaining expenses. However, when people claim damages such as lost income for an extended period of time due to a catastrophic injury, those expenses could end up easily exceeding $1 million.

It is important to remember that potential damages do not need to be physical. For instance, someone could break into the home while people are staying at an Airbnb, leading to property loss and psychological trauma. Just as homeowners are responsible for ensuring there are no loose stairs or other hazards lurking around the home to cause a slip and fall accident, they must also make sure they provide proper security. If the lock on the door does not work or windows are not properly latched, someone could easily break in. In this case, the homeowner would still likely be held responsible.

Airbnb is certainly a reputable business in its own right, but when homeowners choose to rent their home to other people, those homeowners are also going to be considered a business for that duration of time. Because of this, it is important that all homeowners who wish to rent out their home as part of Airbnb ensure all guests will remain safe while they are using the property.

If you or a loved one have been injured while staying at an Airbnb, consider reaching out to a dedicated injury lawyer today for assistance.