Can You Sue Airbnb for Injury on Property?

Many Floridians enjoy using Airbnb for their travel needs. The service has many advantages, including lower travel costs, the ability to share space with others easily, and more ways to enjoy a location than staying in a traditional hotel. Most stays will be uneventful, but sometimes, accidents can happen. 

If you have been injured on an Airbnb property, you should speak with an attorney as soon as possible. Our Miami personal injury attorney can help evaluate your case and advise you on how to best handle the situation.

Airbnb’s Terms of Service

Airbnb is a company that connects hosts and travelers and allows them to list their space and book unique accommodations worldwide. As part of the experience, users must agree to Airbnb’s terms of service.   

Airbnb’s terms of service discuss how injuries suffered at locations listed through the platform are handled. By agreeing to these terms and using Airbnb’s services, you agree in advance on how liability issues may be addressed. 

First, you agree to assume the risk of staying at any property and acknowledge the possibility that you could be injured during your stay. 

Second, you agree that Airbnb is not liable for any personal or bodily injury or emotional distress arising from using their service. An exception is where there is gross negligence on Airbnb’s or their agent’s part.

Injuries That Can Occur in Short-Term Rentals

Visitors can get injured at short-term rentals, such as the ones offered through Airbnb. Examples include:

• Slipping, tripping, and suffering other falls
• Fires or injuries occurring from electrical issues
• Losing property to theft or a property-related issue
• Accidents caused by poorly lit areas
• Broken furniture injuring guests
• Property that may be in disrepair, causing injuries such as falling down the stairs

If you have experienced any of these situations, you may still have a claim you can pursue.

So What Can You Do?

Although you may not be able to sue Airbnb directly, you likely have other options. In particular, Airbnb stays entitle you to the protection of liability insurance called host liability insurance. It provides up to $1 million in coverage if a guest is injured or suffers property damage during their stay at an Airbnb-listed location. This insurance can cover bodily injuries and damage to or theft of property if the host is found to be legally responsible. 

However, just as with any insurance policy, coverage exceptions exist. 

Airbnb discloses that this insurance doesn’t travel through Airbnb Travel, LLC, Airbnb experiences, or stays in China or Japan. In addition to the host protection insurance, the host may also have a private insurance policy that can cover you for injuries you may sustain.

The caveat is that the host must be legally responsible for what happened to you to pursue a claim successfully. This is where the assistance of an experienced attorney is essential. You will need to be able to evaluate if, in your particular case, the host owed you a duty of care, as this will set the stage for whether you can pursue a legal remedy.

Speak With an Attorney Promptly  

If you have been injured in an Airbnb property, you should not delay speaking with an attorney because you have limited time to file a claim in Florida. The statute of limitations for personal injuries is four years, with certain exceptions. Our firm knows how to help individuals protect their rights. Contact our office today for legal help, we offer a free consultation.