What Happens If You Get Hurt At An Airbnb?

If you get hurt at an Airbnb, the host may be responsible under California law if unsafe property conditions caused your injury. You may also be eligible for coverage under Airbnb’s Host Liability Insurance, which can pay for certain guest injuries. Understanding these possibilities early can help you protect your rights and build a stronger case. This falls under vacation rental liability rules in California.

After seeking prompt medical care, report the incident to the host and Airbnb, and document the hazard before it’s fixed or removed. Organizing your expense records will further support a potential claim. An experienced Airbnb accident lawyer can explain your legal options, handle insurance negotiations, and guide you through the process.

Quick facts about Airbnb injury claims:

There are many ways someone can get hurt while staying at an Airbnb. Some examples include:

Under the California Civil Code, property owners must maintain the safety of their premises. When they fail to keep their property safe and someone gets injured as a result, they can be held liable.

An injury at an Airbnb can quickly disrupt your plans, but how you respond matters. Knowing what to do if you are injured on someone else’s property may help you strengthen your claim. Taking the right steps early on can protect your health and strengthen any potential claim. From getting care to notifying the right people and gathering proof, each action can make a difference in what happens next.

If you have questions about your injury or what to do next, the injury attorneys at AK Law can help you navigate this situation. Call (888) 488-1391 to speak with someone during a free initial consultation.

Steps To Consider After An Airbnb Injury

Taking action soon after an injury can make it easier to show what happened. While every case is different, the following steps may assist you if you decide to file a claim.

Get Medical Care Right Away

Seeing a doctor as soon as possible helps protect your health and creates a record of your injury. These medical records can provide evidence linking your injuries to the accident by showing when you got hurt, how serious the injuries are, and that they match the type of hazard you reported at the Airbnb.

What you do may depend on how badly you’re hurt:

• If it’s not an emergency, go to an urgent care clinic or hospital for a check-up and treatment.
• If you can’t drive, ask someone to take you or arrange a ride.
• If the injury is serious, call 911 for emergency assistance.

Once you’ve taken care of your health, consider speaking with a lawyer. They can review what happened, explain your rights, and offer advice about whether you have a claim against the host, Airbnb, or another party.

Take Photos Or Videos Of The Accident Scene

Photos or videos of the accident scene can be important evidence. Try to capture anything unsafe that may have caused your injury, since the host might clean or fix it before someone can look into it. These may provide context on what could have been the cause of your injuries. Depending on the situation, useful visuals may include:

• Broken stairs or flooring.
• Wet or slippery floors.
• Loose or missing handrails.
• Poor lighting in hallways or stairwells.
• Uneven sidewalks or walkways.
• Exposed wires or electrical hazards.
• Broken furniture like sofas, chairs, or beds.
• Sharp objects or broken glass.
• Loose rugs, mats, or carpeting.
• Doors or windows that don’t lock properly.

If you can’t take these pictures, ask someone else to do it. Even if someone investigates later, it’s a good idea to document the scene soon after the accident. This can be used as proof if you file a claim.

Collect Important Details And Information

Preserve all records that show how the injury happened and how it has affected your life. This information can help with your case later. Important things to collect include:

• Texts or emails with the host or Airbnb, especially about the injury.
• Doctor’s notes and medical bills.
• Camera footage from the area shows the accident.
• Statements from people who saw what happened.
• Receipts for trips or activities you couldn’t attend because of the injury.
• Notes or a journal about what happened and how the injury affected you.

Contact The Airbnb Host

Let the host or property owner know about your injury in a message through the Airbnb app or email. This gives you a written record of what happened and when you reported it. Property owners must keep their place safe for guests. If they don’t fix known problems and someone gets hurt, they may be held responsible for the injury.

Report The Incident To Airbnb

Go to the Airbnb app or website and report the injury. You can do this by going to your profile, clicking “Get Help,” and selecting “Contact Us.” Reporting the injury through the Airbnb app or website is an important step if you plan to seek compensation. Airbnb offers a Host Protection Insurance plan that may pay up to $1 million if someone gets hurt during a stay. Coverage depends on the circumstances, so providing clear and timely details can make a difference.

Talk To A Lawyer

If the injury is severe, talk to a lawyer who knows about these cases. Here are some things experienced Airbnb accident lawyers do to assist you:

• Determine if your case is valid depending on its details.
• Help you collect records and other documents that may strengthen your claim.
• Understand your rights based on your situation.
• Deal with Airbnb or the host when there are settlement negotiations.

Seeking free accident lawyer advice is advisable, especially if you have no idea where to start with your claim. Most attorneys offer a free initial consultation, allowing you to get guidance without any obligation to hire them.

You Have Legal Options When You Get Hurt At An Airbnb

If you sustain injuries during an Airbnb stay, there are two main ways you can seek payment for your damages. Knowing both options could allow you to make informed choices for your case.

File A Claim Against The Property Owner

Property owners must keep their places safe for guests. If they don’t fix things like broken stairs, poor lighting, or slippery floors, and someone gets hurt as a result, the injured person may be able to file what’s known as a premises liability claim. Slip-and-fall accident lawyers who handle these types of claims may assist victims in proving the property owner’s liability.

When A Property Owner May Be Liable

To prove this kind of claim, you usually need to show a few important things:

• The property had a dangerous condition.
• The owner knew (or should have known) about it.
• The owner didn’t fix it, and that hazard resulted in your injury.

Some examples of these conditions are:

• Loose handrails
• Slippery floor
• Inadequate lighting
• Faulty appliance
• Broken furniture
• Improperly maintained outdoor area
• Unrestrained pets

Premises liability attorneys can gather important evidence to prove that the property owner failed to address these hazards. This may include photos or videos from the scene. They can also collect reports, expert opinions, maintenance records, and security footage. In addition, lawyers can also check for past complaints or accidents at the same property to show that the problem was known but not fixed.

Get Coverage From Host Liability Insurance

Airbnb offers Host Liability Insurance (HLI), but it has limits and may not cover every injury. The program can pay up to $1 million for guest injuries, but it only applies in certain situations. Knowing what is and isn’t covered could make it easier for you to determine if you need to take more legal steps. To qualify, your case must meet specific rules, such as:

• The host lists the accommodation on Airbnb, and the booking must follow Airbnb’s rules.
• The injury happened while the guest was staying at the Airbnb. According to the dates shown on the Airbnb platform, the stay starts on the guest’s check-in day and ends on the guest’s check-out day.

Insurance coverage can change depending on the location of the Airbnb. In some parts of the United States, the HLI insurance might come from a company that does not follow state insurance laws. This insurance also doesn’t cover listings on Airbnb Travel, LLC, or those that offer Experiences or Services, like guided tours, cooking classes, or other activities. Airbnb accident lawyers can review the rules and help you understand your options.

Some Exceptions In Host Liability Insurance

It’s important to know that Airbnb’s HLI program does not apply in every situation. Some standard exceptions include:

• Assault and Battery — Harm caused by physical attacks, whether done by the host or someone else believed to be involved.
• Communicable Diseases — Illnesses that spread from person to person or place to place and may cause injury and other losses.
• Nuclear Risks — Injury or damage caused by radioactive materials.
• Intentional Harm — Situations where the host intended to cause harm or damage. For example, if a host purposely damages a guest’s belongings.
• Fungi or Bacteria — Harm from touching, breathing in, or being near mold, fungi, or bacteria inside a building. This exception does not apply to food or drinks meant for people.
• Hazardous Materials — Injuries linked to dangerous substances such as asbestos, lead, or silica.
• Watercraft — This insurance does not cover boat injuries or damage, except in some instances. One exception is when the ship is listed on Airbnb and used as a place to stay while it is docked or tied to a mooring.

Airbnb accident attorneys can review your case and determine if it qualifies for coverage. They may also assist in exploring other legal avenues for compensation if your case falls under these exceptions.

Difference Between HLI And AirCover For Guests

Here’s a brief explanation of the difference between HLI and AirCover for Guests:

Note: While AirCover for Guests provides automatic travel-related protections for bookings, it does not include personal injury coverage. If a guest sustained injuries during a stay due to a host’s negligence, they may get coverage under the Host Liability Insurance (a part of AirCover for Hosts). AirCover for Guests also includes access to a 24-hour safety line for emergencies during the stay.

File A Personal Injury Claim Against Airbnb

If you suffered harm at an Airbnb and are asking yourself, “Do I need a personal injury lawyer?” there’s a good chance you do. The answer depends on your situation. You have different options for what to do next. If there is evidence that Airbnb played a part in the accident that led to your injuries, they might be liable. Examples of these situations are:

• The company failed to vet hosts with potentially dangerous properties or behavior.
• They ignored complaints or known hazards.

Injury lawyers need evidence to prove Airbnb’s liability. They may ask the company for documents, such as reports about the host or any records of past complaints. This information could show if they were aware of any safety problems.

Mandatory Arbitration With Airbnb

All users agree to binding arbitration and a class‑action waiver in Airbnb’s Terms of Service. Courts have enforced these clauses, so most claims against Airbnb proceed before the American Arbitration Association rather than in open court. A lawyer can request Airbnb’s internal safety files during discovery.

What Are The Possible Damages After An Injury At An Airbnb?

If you file a personal injury claim, the money you may get depends on how the injury has affected your life and finances. California law looks at more than just medical bills. In most cases, injured victims may seek damages for the following:

• Medical Expenses — This includes the cost of treatment, like ER visits, follow-up care, prescriptions, and future medical needs. If you have injuries like broken bones or burns, you may also need surgery, physical therapy, or long-term care.
• Lost Income — Injuries like spinal cord damage or head trauma can take time to heal. If your injury keeps you from working, you may be able to recover compensation for lost wages. If it affects your ability to work in the future, you could also receive compensation for reduced earning capacity.
• Out-of-Pocket Expenses — Some injuries, like torn ligaments or herniated discs, may require physical therapy, medications, or surgery that are not fully covered by insurance. Facial injuries can lead to expensive dental or cosmetic treatments. If you suffer these types of injuries, you may be able to recover compensation for:
  • Out-of-pocket medical expenses such as co-pays, deductibles, or uncovered services.
  • Medical equipment or therapy for recovery.
  • Other related costs, such as:
    • Transportation to and from appointments.
    • Help with daily tasks at home.
    • Ongoing medication or follow-up care.
• Non-Economic Damages — This type of compensation is for how the injury has affected your life and emotions. These effects are real, even if they don’t have a set dollar amount. They may include:
  • Pain and suffering
  • Emotional distress
  • Mental anguish
  • Reduced quality of life
  • Loss of consortium

It’s a good idea to talk to a personal injury lawyer before you agree to any settlement from Airbnb or the host’s insurer. They can review your situation and identify the losses that may apply.

When Should You File A Claim After An Airbnb Injury?

Time limits for filing injury claims are strictly enforced in California. Missing these deadlines can permanently bar your right to seek compensation, regardless of how strong your case may be. The statute of limitations specifies this time limit.

California has its statute of limitations for personal injury claims, which may differ from those in other states. You usually have two years from the accident date to file a personal injury claim, such as a slip-and-fall case. Some situations can change when the deadline to file starts, but figuring this out usually requires legal support. Here are some examples of these exceptions:

• Delayed Discovery of Injuries — This applies when you did not know immediately that you were hurt or that someone else’s actions caused your injury. In these cases, the statute of limitations starts when you first discover or should have discovered the injury and its cause.
• Victims Under 18 — Minors have extra time to sue. The statute of limitations for minor victims does not start until they turn 18. This means the two-year deadline begins on their 18th birthday. Before then, a parent or legal guardian may file a claim on their behalf.

Personal injury lawyers can explain the applicable deadline for your case and why it matters. They can also look at your case and help you determine the timeline and steps to take to keep your claim valid.

What If You Live Outside Of The State Or Are From Another Country?

For international guests or guests who live out of state, you may still be able to file a claim. Choice‑of‑law rules mean California’s two‑year personal injury deadline usually applies if the injury occurred there, even if you live elsewhere. You should speak to counsel as soon as possible because mailing delays or overseas medical care can affect the timeline.

Frequently Asked Questions About Getting Hurt At An Airbnb

If you get hurt at an Airbnb, you might feel confused about what to do or your rights. Below, our personal injury lawyers answer some of the most common legal questions about this topic. You can contact us directly if you need advice for your specific situation.

What Happens If You Get Hurt At An Airbnb?

If you get hurt at an Airbnb, seek medical care immediately and report the incident to the host and Airbnb. Document the scene, organize expense records, and file a claim if property hazards caused the injury. Property owners are responsible for maintaining safety, and failure to do so may result in liability. An Airbnb accident lawyer can provide legal support.

Who Can Be Liable Besides The Host?

Determining liability in Airbnb accidents often involves multiple parties, each with different levels of responsibility for maintaining guest safety. It depends on how the injury happened and who was in charge of keeping the property safe. In most cases, these are the liable parties:

• Airbnb, Inc. — They are responsible for properly checking or screening hosts and properties before listing them. However, their liability is limited and depends on the situation.
• Third Parties — This can include:
  • Other Guests — If the property has multiple listings or shared spaces, other guests may be responsible if their actions lead to injuries. For example, if another guest is backing up their vehicle in the parking area and strikes you, they may be held liable for your injuries. In such cases, DUI accident victim lawyers and car accident lawyers can assess the circumstances and advise you on your legal options. In such cases, car accident lawyers can assess the circumstances and advise you on your legal options.
  • Maintenance Contractors — If the property owner hired someone to fix or maintain the property, and that person’s negligence caused the injury, they could be responsible.
  • Construction Companies — If faulty construction or parts of the house caused the injury, and the company’s work caused the damage (not wear and tear or time), the company might be liable.

Not every Airbnb accident is the same. Some cases have special details that make it harder to decide who is liable. Airbnb accident lawyers can assist by investigating what happened and looking at the evidence to show who should take responsibility.

Do I Need An Airbnb Accident Lawyer?

While you can file an initial claim with Airbnb’s insurance on your own, having experienced legal representation often makes a significant difference in the outcome of your case, particularly when dealing with serious injuries or disputed liability. Victims may face the following issues:

• Insurance companies may minimize injury severity to reduce settlement amounts.
• Receiving offers that fail to cover medical costs or losses.
• Delays in processing claims or payments.
• Being unjustly blamed for the accident, even when not at fault.
• Property owners or hosts are denying liability.

In these scenarios, having an attorney may help protect your interests. A skilled Airbnb accident lawyer can support you by:

• Reviewing your case and evidence.
• Explaining your legal rights and options based on your situation
• Negotiating with the insurance company for a fair settlement.
• Taking legal action if necessary.
• Guiding you through the entire legal process.

Can I File For A Family Member?

Yes, you can take legal action if a family member suffered an injury while staying at an Airbnb. The following are examples of who may be able to file a claim:

• Parents — Submitting a claim on behalf of their injured child.
• Spouses or Partners — Seeking compensation for loss of companionship or support.
• Family Members — Pursuing a wrongful death claim if the injury leads to death.
• Guardians or Legal Representatives — Filing claims for someone who cannot act on their own behalf.

Talking to a personal injury attorney can clarify your options for filing a claim on behalf of a family member.

Is California’s Comparative Negligence Applicable To Airbnb Accidents?

Yes, California’s comparative negligence law applies to Airbnb accidents. Here’s what you need to know about how this rule works:

• It allows injured people to still receive compensation, even if they were partly at fault for the accident.
• A judge or jury decides how much blame each side has.
• The court lowers the amount of payment based on how much fault the injured person has.

If you’re found partly at fault, personal injury lawyers can help you understand how it affects your claim and what options you have to recover compensation.

You Can Get Legal Support After An Airbnb Injury

An Airbnb injury can make your vacation a nightmare, but you don’t have to face the aftermath alone. When property owners fail to maintain safe conditions, California law allows injured guests to seek fair compensation for their damages.

Our personal injury lawyers at Arash Law can provide legal insights based on your situation. We accommodate clients who cannot travel to our office by providing in-home consultations when needed. We also have bilingual staff ready to assist you in the language you feel most comfortable with. Whether you are a guest visiting from another country, an undocumented immigrant, or a U.S. citizen, you have the right to file a claim.

Call us at (888) 488-1391 for a free initial consultation. If you think we can advocate for you, feel free to check how our onboarding process works.