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Who’s Liable If You’re Injured While Renting An Airbnb?

Posted by Trent Kelly on March 7, 2016
Who’s Liable If You’re Injured While Renting An Airbnb?

With a valuation of over $25 billion Airbnb has quickly become a major force in the travel industry, changing the game by offering travelers a new way to connect and stay in cities around the world.

Airbnb lists millions of properties for rent by ordinary people – ranging from lofts overlooking a city skyline to remote cabins in the mountains.

Travelers are gravitating towards the service because Airbnb provides unique rentals that allow you to “live like a local” at a price usually much lower than a hotel room. However unlike booking a hotel room, if you are injured while staying in an Airbnb property (e.g., because of an unsafe condition in the property), it could be challenging to get relief.

Most homeowners or renters insurance policies exclude coverage of accidents or injuries that occur when the homeowner or renter is using the property for profit. So even if the host is at fault you may have trouble recovering compensation for your injuries. Airbnb does not provide direct financial relief to an injured guest. The company’s Terms of Service provide that individuals who use Airbnb assume the risk of any injury they may sustain. The company does, however, provide Host Protection Insurance of $1 million to anyone who lists a property on Airbnb.

The Host Protection Insurance program provides primary liability coverage for up to $1 million per occurrence in the event of third party claims of bodily injury or property damage. Currently, the coverage is provided in fifteen countries (including the U.S.), leaving most Airbnb countries without coverage.

If you have been seriously injured during an Airbnb stay, contact an Austin Premises Liability Attorney immediately in order to preserve certain legal rights and get you the compensation you deserve. Contact Terry and Kelly, PLLC at 512-910-2000 for a free consultation and case evaluation.

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