What Happens When You’re Injured in an Airbnb Rental

Shortā€‘term rentals like Airbnb, VRBO, and HomeAway are convenient but not always safe. These properties come with complex premises liability concerns because hosts may be held responsible for unsafe conditions. Generally, hosts who earn rental income can be treated more like hotels in terms of their duty to maintain safe premises, though courts review this on a case-by-case basis.

Hosts may be liable if they fail to fix known hazards, such as gas leaks, broken railings, or missing smoke and carbon monoxide detectors. Even though these are owner-operated properties, courts often hold negligent hosts responsible for injuries that occur during a stay.

Airbnb Injuries

What Our Attorneys Do for You

When an Airbnb stay leads to injury, our attorneys step in to:

  • Determine whoā€™s liable, We evaluate whether the host, property owner, Airbnb itself, or a third party (like a maintenance provider) is responsible.
  • Investigate the accident, We gather evidence: property inspections, photos, videos, eyewitness accounts, security footage, and documentation of Airbnbā€™s policies and host insurance coverage.
  • Negotiate with insurers, We handle Airbnbā€™s host liability insurance claims (covering up to $1ā€Æmillion per incident) or host policies and fight for fair settlements.
  • Pursue litigation if needed, If negotiations fail, we prepare your case for trial, using expert testimony to prove negligence and damages.

Common Types of Airbnb Accidents & Hazards

Guests injured in rentals may encounter:

  • Slip and Falls, Wet or icy entrances, slippery pool decks, uneven flooring
  • Trip and Falls, Loose rugs, disorderly clutter, poor lighting
  • Slip/Trip on Stairs, Broken handrails, missing guards, dark stairwells
  • Window & Balcony Falls, Low or unsecured windows, defective railings
  • Pool & Hot Tub Accidents, Drowning, electrocution, unsafe pool maintenance
  • Carbon Monoxide Poisoning, Leaks from poorly maintained appliances
  • Structural or Mechanical Hazards, Faulty appliances, mold, exposed wiring, fire risks

Typical Injuries in Airbnb Accident Cases

Injuries sustained during an Airbnb stay may include:

  • Fractures, broken bones
  • Traumatic brain injuries (TBIs), concussions
  • Back, neck, or spinal cord injuries
  • Severe lacerations, sprains, and dislocations
  • Electric shocks or burns
  • Wrongful death in fatal incidents

In California:

  • You generally have 2 years from the injury date to file a personal injury lawsuit.
  • Exceptions may apply:
    • Minors: The clock starts when they turn 18.
    • Mentally incapacitated persons: Time may be tolled until capacity returns.
    • Property owner out of state: Time may pause until they return.
  • Insurance delays and complex liability issues can make timing critical, early legal guidance is essential.

Why Choose Hillstone Law?

  • California-focused legal expertise in premises liability and rental injuries
  • Compassionate, client-first approach, we listen, explain clearly, and offer legal support tailored to your needs
  • Full-service investigation, we work with experts, review host insurance policies, and build strong cases
  • Contingency-fee system, you pay nothing unless we win; no upfront costs or obligations

Compensation You’re Entitled To

If negligence is proven, you may recover:

  • Economic damages: Medical bills (hospital, surgery, rehab), lost wages, diminished earning capacity
  • Non-economic damages: Pain, suffering, emotional distress, loss of enjoyment of life
  • Wrongful death damages: Funeral costs, lost support, loss of companionship
  • Property damage: Compensation for personal belongings damaged during the rental

What to Do After an Airbnb Accident

  1. Move to safety to prevent further harm
  2. Report the incident to the host or property manager (preferably in writing or with screenshots)
  3. Seek medical care even minor injuries should be documented
  4. Capture visual evidence, photos and videos of hazard conditions, the scene, and your injuries
  5. Collect witness names and contact information
  6. Keep communications, texts, emails, or messages with the host or Airbnb
  7. Reach out to Hillstone Law right away, we preserve evidence and advise on next steps

Early legal involvement improves your ability to recover and protects critical evidence.

Disclaimer About Liability & Waivers

Signing Airbnbā€™s terms of service or a waiver does not necessarily bar you from compensation. California law still imposes a legal duty on hosts to keep their rentals safe. Waivers that conflict with state law or are considered unfair may be unenforceable.

Airbnb & Safety Incident Statistics

  • Worldwide, Airbnb hosts exceed 5 million, with guests clocking more than 1.5 billion stays in 2024 alone.
  • The company generated over $11 billion in revenue in 2024, with around 490 million nights booked, meaning safety incidents even at a small rate, amount to thousands annually.
  • Since 2013, at least 19 deaths have occurred in Airbnb rentals due to suspected carbon monoxide poisoning, with multiple lawsuits underway. Airbnb reportedly spends around $50 million annually on legal settlements and injury payouts.

Ready to Protect Your Rights?

If you or a loved one were injured during an Airbnb stay in California, donā€™t wait. The legal landscape is complicated, and deadlines are strict. Reach out to Hillstone Law for a free consultation:

  • We assess your case and explain your options
  • Investigate accident details and liability
  • Pursue full compensation for your losses

You donā€™t have to face Airbnb, their insurers, or a negligent host alone. Let us handle the legal fight while you focus on recovery.

Hillstone Law, Your trusted California partner for Airbnb injury litigation.

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