Slip and Fall at an Airbnb: Liability and Lawsuits

The new normal is that many travelers skip the hotel experience and opt for an Airbnb—a private residence booked through an app.

By renting a residence for a few days, guests enjoy a level of privacy they can only dream about when staying at a hotel. Airbnbs are ideal for creating an intimate setting for friends and family members to enjoy a relaxing vacation or for business professionals to bond during a big industry conference. When you average the cost of staying at an Airbnb venue, the daily rate often falls below what you pay for during the same duration of stay at a hotel.

Airbnb offers travelers a unique way to experience destinations and travel, but the charm of a home-like setting can sometimes come with hidden dangers. 

Slip-and-fall accidents, while seemingly minor, can lead to serious injuries and costly medical bills. If you or a loved one have experienced such an incident at an Airbnb property, you may wonder what legal options are available to you.

Below you can learn some important factors to liability and lawsuits surrounding slip and fall accidents at Airbnb’s.

Common Causes of Slip-and-Fall Accidents at Airbnb Properties

Airbnb hosts are responsible for maintaining a safe environment for their guests. Unfortunately, hazards like the following can lead to accidents:

Wet or Slippery Floors

Spills, leaks, or recently mopped floors without warning signs can create a dangerous environment for guests.

Poorly Maintained Stairs or Railings

Broken or loose steps, missing handrails, or poorly lit staircases are common culprits in slip-and-fall incidents.

Cluttered Walkways

Excess furniture, loose rugs, or stray items in walkways can pose significant tripping hazards.

Insufficient Lighting

Dim or non-functional lighting in hallways, bathrooms, or outdoor areas can increase the risk of falls.

Outdoor Hazards

Slippery driveways, uneven pathways, or unfenced swimming pools are just a few examples of outdoor risks that can cause injuries.

Who Is Liable in an Airbnb Slip-and-Fall Case?

Liability in an Airbnb slip-and-fall case often depends on the specific circumstances of the accident:

• The Host: If the host’s negligence, such as failing to repair a known hazard or failing to warn guests of potential risks, caused your injury, they could be held liable.
• Airbnb as a Platform: Airbnb itself typically claims limited liability as it acts as a facilitator rather than a property owner. However, in cases where the company failed to address a known safety concern or enforce safety standards, it might share responsibility.
• Third Parties: If a third party, such as a maintenance worker or contractor, contributed to the hazard, they might also bear some liability.

Steps to Take After an Airbnb Slip-and-Fall Accident

Several factors make Airbnb slip and fall cases different from the slip and fall incidents that occur at public venues such as bars, arenas, restaurants, and convenience stores.

Firstly, there are seldom security cameras like those in a hotel. Secondly, there are seldom witnesses to the accident beyond your own friends and family, unlike a hotel where other guests are staying. For these reasons, among others, it is very important that you can collect your own evidence to prove fault for your injury.

If you’re injured at an Airbnb property, seek immediate medical attention. Your health should always come first. Prompt treatment also creates documentation of your injuries. This medical record is your first piece of evidence.

Take photos or videos of the hazard that caused your fall. Include details like lighting conditions, the hazard itself, and any visible injuries.

Notify the host and Airbnb as soon as possible. Airbnb has a reporting system to document accidents.

If others were present, collect their names and contact information. Their statements may support your claim.
Lastly, contact Morgan & Morgan—ideally before checking out of your Airbnb. Slip-and-fall cases can be complex, especially when determining liability. Our experienced attorneys can help navigate the process, advise you on other evidence you can gather while on the premises,  and maximize your chance for fair compensation.

Compensation in an Airbnb Slip-and-Fall Lawsuit

Following an injury that wasn’t your fault, you may face hospital bills and other added expenses. Legally, the at-fault party should be held accountable for these damages. If you file a claim, you may be eligible to recover damages for:

• Medical Expenses: Includes hospital bills, rehabilitation, and any ongoing medical care.
• Lost Wages: Compensation for time missed from work due to the injury.
• Pain and Suffering: Addresses physical and emotional distress caused by the accident.
• Punitive Damages: In cases of gross negligence, additional damages may be awarded to deter future misconduct.

Airbnb’s Host Liability Insurance

Airbnb provides hosts with liability coverage of up to $1 million under its Host Protection Insurance program. While this insurance may cover guest injuries, it doesn’t guarantee full compensation. The program has exclusions and limitations, and an attorney can help you navigate these complexities to ensure your rights are protected.

Frequently Asked Questions

Can I sue Airbnb directly for my injuries?

It’s challenging to sue Airbnb directly due to its status as a facilitator. However, in rare cases where the platform failed to enforce safety standards or address known hazards, Airbnb may share liability.

A consultation with a lawyer can review the specifics of your case and help to determine fault, as each case and Airbnb is unique.

How long do I have to file a lawsuit?

Although it is more difficult to receive compensation for an Airbnb slip and fall incident by filing a personal injury lawsuit, your Morgan and Morgan attorney might build a strong enough case that proves the four elements of negligence. If that is the case, you have a limited amount of time to file a civil lawsuit that seeks monetary damages.

Each state has established a deadline for filing a personal injury lawsuit that seeks monetary damages for an Airbnb slip and fall case. Most states have set the statute of limitations between two and four years, although a handful of states allow as long as six years and as short as one year for plaintiffs to take legal action. The clock typically starts ticking on the filing of a personal injury lawsuit on the day when the incident took place. However, your attorney might request an extension if you sustained injuries that produced delayed symptoms.

Although you should have plenty of time to file a personal injury lawsuit for an Airbnb slip and fall case, you should act with a sense of urgency for two important reasons. 

First, your attorney needs to speak with witnesses as soon as possible after a slip and fall incident. Witness accounts tend to be more reliable the closer they are given to the date of slip and fall accidents. Even though friends and family members are not the ideal witnesses for an Airbnb slip and fall case, your personal injury lawyer might discover a neighbor, delivery professional, and/or another party who saw what transpired when you slipped and fell. 

Second, you should act with a sense of urgency to take care of your financial obligations. Healthcare providers do not wait for favorable insurance settlements and legal judgments to request payment for services delivered. 

If you fail to file a personal injury lawsuit before the expiration of the statute of limitations, you can expect the court clerk processing your case to dismiss it.

What if I signed a waiver with Airbnb’s terms of service?

Signing a waiver or agreeing to Airbnb’s terms of service does not necessarily bar you from pursuing a legal claim. While these documents often aim to limit Airbnb’s liability, they do not exempt hosts from their legal duty to maintain a safe environment for guests. Additionally, many courts scrutinize waivers and terms of service for fairness and enforceability.

If your injury resulted from a host’s negligence—such as failing to repair a dangerous condition or not warning you of a known hazard—you may still have a valid case. An experienced personal injury attorney at Morgan & Morgan can carefully analyze the waiver's language and the circumstances surrounding your accident to determine your legal options.

Even with waivers in place, your safety is a priority, and the law often holds negligent parties accountable despite attempts to limit liability.

Do I need a lawyer to handle my case?

While it is not legally required to hire a lawyer for an Airbnb slip and fall case, having an experienced attorney can significantly strengthen your claim and improve your chances of securing fair compensation. Slip and fall cases can be complex, often involving detailed investigations, legal procedures, and negotiations with large companies like Airbnb and their insurers.

Here’s why hiring a lawyer is beneficial:

• Navigating Legal Complexities: An attorney can help you understand how local laws apply to your case, whether the liability falls on the host, Airbnb, or another party.
• Proving Negligence: Your lawyer will gather evidence, such as photographs, medical records, and witness statements, to demonstrate the host's failure to maintain a safe property.
• Negotiating Settlements: Insurance companies often aim to minimize payouts. A lawyer will negotiate aggressively to ensure you receive fair compensation for medical expenses, lost wages, and other damages.
• Representing You in Court: If your case cannot be resolved through negotiation, a lawyer will build a strong case and represent you in court to pursue justice.

Attempting to handle your case alone can leave you vulnerable to legal pitfalls and unfair settlements. An experienced personal injury attorney will advocate for your rights, guide you through the process, and ensure your best interests are protected.

What should I do if the host denies responsibility?

Hosts often deny liability, claiming they were unaware of the hazard. 

Evidence such as maintenance records, photos, or witness testimony can counter such claims. Your best bet, however, is to work with an experienced attorney at Morgan & Morgan. With over 35 years of experience, we’ve seen it all—and we know the tricks businesses, insurance companies, and others will play to avoid making an accident right.

Can I recover damages if I was partially at fault for my accident?

Yes, many states follow comparative negligence laws, which allow you to recover damages even if you were partially responsible for the accident. However, your compensation may be reduced based on your degree of fault.

With offices in every state across America, Morgan & Morgan’s legal team will know the specifics of the state laws where your Airbnb accident occurred and can advise you accordingly while estimating what your claim may be worth if you are partially at fault.

Morgan & Morgan Can Help

Slip-and-fall cases involving Airbnb properties require a deep understanding of personal injury law and a strategic approach to uncovering liability. Morgan & Morgan’s experienced attorneys are dedicated to fighting For the People, ensuring accident victims get the justice and compensation they deserve.

If you’ve been injured in an Airbnb slip-and-fall accident, don’t navigate this challenging process alone. Contact us today for a free case evaluation.