Premises Liability At an Airbnb: What to Watch For and How to Stay Safe
The modern era presents plenty of legal challenges. As the technology we use to navigate our world changes constantly, so too does the legal outlook on a variety of common concerns. In terms of premises liability, some facts are already well established, like the harm a slip and fall injury can cause.
A few sobering statistics paint a clear picture:
Slip and fall injuries are the most common variety of premises liability cases, and they send millions to the emergency room every year.
National Safety Council estimates that approximately 45,000 people lost their lives to slip and fall incidents in 2021 alone.
In 2010, the CDC asserted that the direct medical cost of falls was $30 billion. In 2015, the CDC indicated that the cost was as high as $50 billion.
Unfortunately, awareness of prior hazards does not preclude the possibility of falling victim to newer forms of negligence. And as this recent, disturbing story shows, Airbnb has added new dangers to the mix when it comes to premises liability law.
The Regard Law Group keeps clients informed, no matter what changes lie on the horizon. With that in mind, we’ve composed this blog in an effort to keep our clients in the know.
So, what exactly is premises liability?
Essentially, it’s a legal principle holding property owners, including Airbnb hosts, responsible for ensuring their premises are safe for guests. This duty requires the host to:
Maintain the property in a reasonably safe condition. This includes fixing hazards like broken stairs, exposed wiring, or malfunctioning appliances. Although Airbnb expressly prohibits parties and drug use, property owners should make efforts to inform prospective tenants of the relative child safety of the premises.
Warn guests about known dangers. A leaky roof without a bucket underneath, cracks in the sidewalk, or other hazards require a host or owner to give guests a heads-up.
Inspect the property for potential dangers. Regularly checking for loose railings, slippery floors, or pest infestations is crucial.
What if you get injured on an Airbnb due to an unsafe condition?
You may have grounds for a premises liability claim against the host. To prove such a claim, you'll need to demonstrate:
The host was negligent in their duty of care. This means they failed to uphold the responsibilities above.
The negligence caused your injury. For example, a faulty stair you tripped on must be directly linked to your broken ankle.
You suffered damages, such as medical bills, lost wages, or pain and suffering.
Remember, the burden of proof is on you, so documenting everything is critical. Take photos of the hazard, report it to the host (preferably in writing), and seek medical attention if needed.
Airbnb presents some specific differences from a typical premises liability case, including:
Host insurance: Many hosts carry liability insurance, but you should still check policy details. Some may have exclusions for short-term rentals.
Airbnb host guarantee: While Airbnb offers some guest protection, it's not a substitute for comprehensive travel insurance. Consider coverage for medical emergencies and property loss.
Local laws: Premises liability laws vary by jurisdiction. Research the specific regulations in your Airbnb's location.
Ultimately, your Airbnb stay should be a relaxing retreat, not a legal battleground. If any of the above information pertains to you or your experiences, contact us right away. With our deep knowledge of the law, top negotiating skills, and decades of trial experience, the Lexington-based legal team at Regard Law Group, PLLC, is here to help. Schedule your initial consultation today.