Injured at a Hotel or Airbnb: Who Is Liable?

Hotels, resorts, and owners of short-term residential rentals may be legally responsible for unsafe conditions that cause guest injuries. Property owners and management companies must use reasonable care to inspect, maintain, and warn guests about hazards, including slip-and-fall risks, broken furniture, pool accidents, and negligent security. Injury victims can file a premises liability claim against hotels or Airbnb and VRBO hosts for compensation for their injuries.

Injury claims against Airbnb or VRBO may differ from claims against commercial hotels because short-term rental platforms provide some liability insurance, but it may not cover your injuries. Injury victims may have to file a claim against the rental platform and the property owner for damages. For more information about liability for hotel or Airbnb injuries, talk to a local premises liability attorney.

Injury Accidents at a Hotel or Airbnb Rental

If you are injured because of dangerous conditions at a hotel, the hotel should compensate you for your injuries. The same applies to Airbnb or VRBO rentals when unsafe property conditions cause an injury accident.

Property owners are generally liable for injury accidents caused by unsafe conditions on their property when they fail to use reasonable care to protect visitors. This applies to hotels, motels, resorts, and Airbnbs, just like it applies to private homes.

Hotel and Property Owner Duty To Guests

Under premises liability law, hotel owners owe guests a duty of care to keep the property safe. Premises liability duties vary by state, property type, and visitor type. However, most hotels must inspect their property for hazards, repair hazardous conditions, and warn visitors about hidden risks of harm.

Hotel owners must protect guests from dangers they knew or should have known about. A hotel cannot avoid liability simply by claiming it did not know about poor lighting in a stairway. Hotels must reasonably inspect their property. If a reasonable hotel owner would have discovered the lights were broken, then the hotel owner could be liable for damages.

A hotel owner’s duty generally extends beyond guests. Hotels often have parts of their property for non-guests, such as those visiting a guest or dining at a hotel restaurant. Property owner liability also extends to common areas, including parking lots, sidewalks, and walkways.

Proving Property Owner Liability

Injury victims can file a personal injury lawsuit to hold the hotel or Airbnb owner responsible for their damages. Liability rules in hotel injury claims vary by state; for example, to show hotel property manager liability in California, you must prove:

• The defendant owned or controlled the hotel or rental property
• The defendant was negligent in their use or maintenance of the property
• The injury victim suffered harm
• The defendant’s negligence was a substantial factor in causing the injuries

Other states have different duties of care depending on whether the injury victim is an invitee, licensee, or trespasser. An invitee is someone on the property for mutual business purposes or because the property owner represents that the public is welcome to enter. Property owners owe invitees the highest duty of care. In most hotel injury claims, hotel or resort guests and their families are considered invitees.

In states like Texas, hotel owners owe guests a duty to use reasonable care to protect them from unreasonable risks of harm the owner knows about, or reasonably should know about, including by adequately warning of the condition or making it reasonably safe.

Examples of Airbnb and Hotel Accidents

Common dangers exist at just about any Airbnb, hotel, motel, or resort in the country. Hotel accidents can cause minor injuries, severe trauma, or death. Common types of hotel and Airbnb accidents include:

• Slips and falls on wet or icy surfaces
• Trip hazards caused by torn carpet or broken concrete
• Falls from broken railings
• Injuries from lack of lighting
• Assaults caused by lack of security
• Food poisoning at hotel restaurants
• Respiratory injuries from faulty HVAC units
• Swimming pool and hot tub accidents
• Carbon monoxide poisoning

Hotel and Vacation Rental Company Liability

As the hotel property owner, occupier, or manager, the hotel or vacation rental company is generally liable for most injuries caused by unsafe property conditions. Hotel companies must regularly inspect the property for safety hazards and perform regular maintenance. Neglecting maintenance and inspections can lead to accidents and injuries.

Hotels must also comply with state and local safety regulations, and safety violations can provide evidence of the hotel’s negligence. Hotels and resorts are also responsible for hiring and training their staff. Lack of proper training or negligent hiring can lead to unnecessary accidents.

Airbnb Host Liability

When a property owner rents out their property as a short-term rental, they still owe a duty of care to potential guests. Hosts must ensure their properties are safe for visitors, inspect them to repair hazards, and warn guests about potential risks. However, Airbnb and VRBO provide host liability insurance that may cover the homeowner in a personal injury claim.

Hotel Employee Liability

A negligent hotel employee may be responsible for causing your accident. You can file a claim directly against the employee to recover damages. However, the hotel is also liable for the employee’s negligence under vicarious liability. Employers are liable for the negligence of their employees acting in the course of their employment.

For example, an employee notices an icy drink spilled in the bar area. Hotel policy requires the employee to report the spill immediately and warn guests until it is cleaned up. The employee does not want to deal with the spill and thinks someone else will clean it up. If a guest slips and falls because of the drink, the employer is liable for the employee’s negligence.

Employer vicarious liability is based on the legal theory of respondeat superior, meaning the employer is responsible for an agent’s acts. Employees may not have the money or resources to pay a victim’s damages. However, the employer likely has liability insurance and more financial resources, and is better positioned to compensate the victim for their injuries.

How Are Claims for Airbnb Injuries Different?

Injury claims involving short-term rental companies like Airbnb and VRBO are different from claims against hotels. Many Airbnb and VRBO properties are owned by independent property owners or homeowners who use the booking services to manage short-term rentals.

Generally, these companies provide liability coverage for third-party injury claims. However, booking companies provide only limited coverage. For example, standard premises liability coverage for Airbnb and VRBO is for claims up to $1 million. For injury claims that exceed the insurance coverage, an injured guest may need to seek additional compensation from the property owner if the owner is liable.

If you have a serious injury claim related to an Airbnb stay and your damages exceed $1 million, recovering compensation from a homeowner may be more difficult. Standard homeowners’ insurance policies do not cover short-term rental claims. The homeowner’s assets may not be enough to cover your injuries.

Injury Victim Liability and Contributory Negligence

Sometimes, injury victims are partly responsible for their hotel accidents. For example, a hotel guest may ignore a sign not to enter the pool area after closing. The guest enters anyway and slips on some broken tile, causing an injury. When multiple parties share fault for the accident, it can complicate the injury victim’s claim.

In most states, you can still recover some compensation, even if you were partly at fault. However, your level of fault will reduce the damages you can recover.  Some states deny any compensation, even if you were only 1% at fault. Ask your premises liability attorney about contributory negligence and how it may affect your claim.

Evidence To Support Your Hotel or Airbnb Accident Claim

Gather evidence to support your injury claim. Evidence can show the cause of your injuries, the hotel’s responsibility for your damages, and the extent of your injuries. Take photos or videos of the accident scene. Get the contact information of witnesses who can provide statements supporting your claim. Your attorney can also gather hotel incident reports, maintenance records, and surveillance footage.

Evidence can also prove your accident-related damages. Damages in an injury claim can include medical bills, lost wages, property damage, and pain and suffering. If you need continuing medical treatment, damages also include your future medical expenses.

Get Legal Help for Your Airbnb or Hotel Injury Claim

You have a limited time to file a personal injury claim under the statute of limitations. If you file too late, the court can dismiss your case. Contact an attorney as soon as possible to start your injury claim. Your attorney can explain your legal options, ensure you file on time, and negotiate a settlement to cover your damages. Contact a premises liability lawyer for advice on filing a claim against a hotel or Airbnb host.