Airbnb Insurance: Who Is Responsible if You’re Injured?

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Madeleine Jones
April 26, 2021

When you get injured at an Airbnb, it is crucial to know who is legally liable. The host and Airbnb could be held legally liable for these kinds of injuries. If you get hurt at an Airbnb, there are several things you need to do to make a claim for monetary damages. The process is pretty straightforward, but working with experienced personal injury attorneys is the best you can do to get the compensation you deserve. Here’s what you need to know about Airbnb insurance in case you get injured.

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Who Is Liable If I’m Hurt at an Airbnb?

If you get injured while staying at an Airbnb, the owner of the property could be liable for your injuries. Additionally, you could also recover compensation from Airbnb directly through their Airbnb Host Protection Insurance

The property owner is liable for the injuries that their Airbnb guest suffers when the property owner acted negligently in the care for their property. As with landlord negligence claims, premises liability law can determine if the property owner was negligent and therefore liable for an Airbnb injury.

Any Airbnb owner has the legal obligation to take reasonable care of their property in order to prevent accidents. An Airbnb is a business even if it is a home-based business. People who choose to stay at an Airbnb do it for the benefit of the property owner who gets money for it. That makes it up to the owner of the property to take the necessary precautions to keep the property safe. When the owner fails to actively do this to protect their guests, they could be liable if they get injured as a result.

Premises Liability and Airbnb Accidents 

Airbnb accidents in Nevada fall under premises liability laws. This just means that the property owner is responsible for keeping it safe for guests. 

Whenever a property owner uses their home for a business, such as Airbnb, the standard of care is extremely high. Actually, many Airbnb hosts don’t even realize the high burden of taking care of their property. A property owner has to inspect their property for any dangers and fix them immediately. These checks need to occur regularly.

Can I Sue an Airbnb Owner If I’m Hurt During a Stay?

If you get injured while staying at an Airbnb, you may be able to sue the operator of the Airbnb. In order to be liable, the Airbnb operator has to have been negligent in a way. This means that your accident must have happened because they didn’t do something that they should have done to keep the property safe.

For instance, if the property owner didn’t fix a broken hand railing, it might have given way and caused you to fall. In this case, the property owner would be held liable for their negligence because they knew about the broken hand railing and didn’t fix it. 

Making a Claim Against Airbnb Through Their Host Protection Insurance

If you are injured during your stay at an Airbnb, filing a claim against the host could be more complicated than it looks. Ideally, you could just simply submit your damages to the host and wait for them to pay you. However, the host could have limited resources to do so. They could try to refuse or stall to respond to your requests. Luckily, you can file a claim for compensation through Airbnb’s Host Protection Insurance policy.

The Airbnb Host Protection Insurance is an insurance policy extended by Airbnb to their hosts. This insurance can pay up to a million dollars to the injured person when one of their guests gets injured during their stay. That injury has to have happened because of the property owner’s negligence. This insurance policy doesn’t apply if the host intentionally harms the guest. Pollution or mold-related injuries are also excluded from this. Airbnb Host Protection Insurance is a great way for you to recover damages if you get injured while staying at an Airbnb. If the company refuses to pay you a fair settlement, you can file a legal claim against the host and Airbnb for refusing to stick to their insurance policy.

Airbnb Host Protection Insurance VS Airbnb Host Guarantee

Airbnb Host Guarantee and Airbnb Host Protection Insurance are not the same. The insurance protects the injured guests while the guarantee protects the host when a guest damages the property.

If you are a guest at an Airbnb and you get injured, or if you have a guest that gets injured while staying at your Airbnb, you can file a claim through Airbnb Host Protection Insurance.

What To Do If You’re Hurt While Being A Guest at an Airbnb

If you get injured while staying at an Airbnb, you need to get medical attention. Getting it right away will link the time of the accident to your time at Airbnb. You should as well take pictures of the accident scene. This could be your only chance to really look at and document the accident scene.

If you were staying with other people at the property it is best to get witness statements from all of them as soon as possible. The more in-depth they are, the more weight they will carry should the case proceed to settlement talks or trial.

Let the property owner know that you’re injured, and file a claim through Airbnb Host Protection Insurance. Additionally, you should contact an experienced personal injury attorney to make sure you’re able to determine the fair compensation you deserve.

Can Homeowners Insurance Cover My Airbnb Accident?

The majority of homeowners insurance policies don’t cover Airbnb accidents. Airbnbs are a commercial use of a property. Homeowners’ insurance policies normally exclude commercial use of property from liability coverage. If you are injured at an Airbnb, it’s smart to look at the host’s own personal insurance policy, but it probably won’t be able to pay for your claim. Instead, you should recover damages from the host personally and from Airbnb.  However, you should review the policy and exam the language carefully as it is possible there is coverage through their homeowner’s insurance policy.

Contact Our Nevada Personal Injury Attorneys

Were you injured while staying at an Airbnb? You really deserve the best compensation for your claim. Our Airbnb accident attorneys can help you in Las Vegas and Henderson to get you fair compensation for your injuries. Contact Cogburn Law for your free initial consultation.

After getting injured in my last vacation, Cogburn Law was incredible. I didn’t know you could do anything about getting injured in an Airbnb and these guys were amazing. They explained everything to me and were super patient. I really appreciate everything they did for me and my family. 

-Amanda G.

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