The host is often liable if you get injured at an Airbnb; however, Airbnb or a third party could be responsible for your injuries under specific circumstances. How your injury happened and whether the host took steps to reduce the risk typically determines liability.
If the actions or inactions of the host or Airbnb caused your injuries, you may recover compensation to cover your medical bills, lost wages, pain and suffering, and other damages. It’s smart to speak with an attorney so you understand your options.
Our legal team has recovered millions of dollars for injured accident victims. Call to schedule your free consultation and learn how our Airbnb accident lawyers in Kansas City deliver the results you deserve from a firm you can trust.
When Is the Host Liable if I Am Injured in an Airbnb?
Under premises liability laws, property owners such as Airbnb hosts must maintain a reasonably safe environment for their guests. If the host’s negligence led to your injuries, you may be able to hold them directly liable. Examples of host negligence include:
- Failing to repair a known hazard, such as a broken stair or loose railing
- Ignoring known electrical issues or providing faulty appliances
- Failing to address an unsafe condition, such as mold exposure or insufficient lighting
- Failing to provide adequate security, leading to assault
To prove negligence, our Kansas City premises liability lawyers will show that the host knew or should have known about the danger, did not address it or adequately warn you, and your resulting injuries led to real damages such as hospital bills or lost wages.
Get the compensation you deserve with trusted legal guidance.
Can I Sue Airbnb if I Get Hurt During My Stay?
Suing Airbnb directly is difficult, but not impossible. Airbnb usually protects itself through its terms of service, which limit Airbnb’s responsibility for what happens at the property. These terms also require that most disputes be settled through arbitration instead of in court.
However, if your injury happened because of something Airbnb controlled, such as a serious failure in their vetting process or ignoring reports of dangerous hosts, you may have a case.
Your quickest route to compensation is usually legal action against the host. Airbnb provides its hosts with insurance protection through AirCover for Hosts, which includes Host Liability Insurance.
When Is the Guest Responsible for Injuries at an Airbnb?
You, as the guest, may be responsible for your injuries if you acted carelessly or caused the dangerous condition that led to your injury. For example, if you ignored warnings, misused something on the property, or damaged the property in a way that created a risk, you may be held responsible.
This applies not only to your own injuries but also to injuries suffered by others while you were staying there. Responsibility may also fall on you if you brought guests who created a hazard.
Airbnb liability can get complicated, especially when multiple people are involved. Our attorneys will help you understand how the law views guest responsibility and what that might mean for your case.
What Is Comparative Negligence in Missouri and Kansas?
Even if you are partly responsible, you may still be able to recover compensation for your Airbnb injuries. Missouri and Kansas both have versions of a comparative negligence system that help determine compensation in complicated personal injury cases.
Under comparative negligence, you can still get compensation if you share responsibility for your injuries, but your percentage of blame reduces your compensation. If you are 40% percent responsible, for example, you can only recover 60% of the damages you would otherwise be entitled to.
Missouri uses a pure comparative negligence system, which means you can recover compensation as long as you are not totally responsible. Kansas has a 50% bar rule, so you can only recover damages if you are less than 50% at fault.
We’ll help you appeal and secure your rightful benefits.
What Should You Do if You Are Injured at an Airbnb?
If you’re injured at an Airbnb, get medical assistance right away, even for what you think is a minor injury. It’s tempting to try to push through if you are on vacation, but getting your injury addressed and documented can protect your health and legal case later on.
When you are able:
- Take photos of where the injury happened
- Write down what caused it, from your perspective
- Get contact information for any witnesses
- Notify the host and keep records of any communication
- Report the injury to Airbnb through the app or website
Then, speak with our personal injury lawyers as soon as possible. We’ll listen to your story during your free consultation, let you know if you have a claim, and guide you through what steps to take next.
Get Help When You Are Injured at an Airbnb
If you’ve been injured at an Airbnb, a negligent host may be liable for your damages, or in rare cases, Airbnb itself. Because of comparative negligence laws, you may be able to get compensation even if you are partly at fault.
Our team at Kevin McManus Law has over 60 years of combined legal experience, and we’re on your side. Call today for your free consultation and tell us about your Airbnb injuries.
