Liability for Injuries at Airbnbs and Short-Term Rentals

Airbnb is the most popular short-term rental facilitator in the world, although it is not the only such platform. In 2024 Airbnb recorded nearly 500 million bookings. With this kind of volume, guest injuries are going to occur, like it or not, even if the rate of injury per 1,000 guests is low. In case you become one of the unlucky few, you need to know how to handle the situation.

Premises liability in short-term rentals

Under traditional premises liability law, a property owner can bear liability for injuries suffered by guests due to a dangerous condition on their property. This liability is limited, of course. A guest injured when an earthquake opens up a previously unknown fault under the property they are renting probably couldn’t sue the property owner for their injuries, for example.

For liability to attach, the landlord must have acted (or failed to act) in a way that was careless. Significantly, a renter of property can also bear premises liability if they sublet the premises to a third party, as is the case with many Airbnb hosts. Each state applies its own premises liability law.

The invitee/licensee/trespasser distinction in Washington state

Washington applies the traditional invitee/licensee/trespasser rule of premises liability:

• An invitee is someone whose presence on the property benefits the owner—such as an Airbnb guest. The property owner must repair or warn of all dangerous conditions, including hidden dangers that the owner could discover through a reasonable inspection.
• A licensee is someone who is legally on the property for their own purposes, such as a door-to-door salesman. A property owner must repair or warn of all known dangers, with the possible exception of open and obvious dangers.
• A trespasser is someone who has no legal right to be on the property—a burglar, for example. The owner has no duty of care to a trespasser, with narrow exceptions.

Premises liability law in Oregon

To win an Oregon premises liability personal injury claim, you must prove that:

1. The defendant (typically the host) owed you a duty of care.
2. The defendant breached their duty of care to you.
3. The defendant caused the accident you suffered through their breach of duty.
4. The accident generated compensable damages such as medical expenses or pain and suffering.

You must prove all four of these elements to win your claim.

Insurance

In an Airbnb personal injury claim, you should enjoy the protection of at least two layers of insurance coverage—the host’s insurance and the liability insurance policy provided by Airbnb. . However, personal policies may exclude short-term rentals unless properly endorsed

Primary coverage: The host’s homeowner’s insurance or renter’s insurance

If the host owns the property, Airbnb expects them to carry homeowner’s insurance. If the host is a lessee of the property who is subletting to you, they should carry renter’s insurance. This is the first line of coverage. If you suffer an injury, you must exhaust the host’s homeowner’s insurance or renter’s insurance before you turn to Airbnb liability insurance.

Secondary coverage: Airbnb’s Host Protection Insurance

Airbnb offers Host Protection Insurance to its hosts. This policy covers  your injuries up to $1 million in liability coverage per incident. Your claim against Airbnb Host Protection Insurance is a third-party claim—you enjoy benefits under the policy even though you are not a party to the insurance contract.

Exclusions

No insurance policy covers every possible scenario. Homeowner’s insurance, renter’s insurance,and Host Protection Insurance might apply some or all of the following exclusions:

• Willful or reckless misconduct
• Intentional misconduct
• Communicable diseases
• Illegal activity or conditions such as housing code violations
• Failure to follow Airbnb safety guidelines
• Deliberate concealment of a dangerous condition

If an exclusion applies, you won’t be able to file a claim against the insurance policy that applies the exclusion. Additionally, many homeowners’ or renters’ insurance policies include exclusions for short-term rentals without special permission. If both layers of insurance protection fail, you could end up relying on your host’s personal financial resources or your own health insurance.

Special case: Illegal subletting

Many Airbnb hosts are renters themselves. If they sublet the property to you through Airbnb, the sublease might violate the terms of the host’s original lease with the property owner (a “no subletting” clause). In this case, Airbnb might be able to legally deny coverage. Your host would not even be eligible for homeowner’s insurance, and renter’s insurance could also refuse coverage under these circumstances.

 

If the host lacks the financial resources to pay your claim, you could be out of luck unless you can find a liable third party with the resources to pay the claim (the manufacturer of a defective product, for example). The irony is that legally, you enjoy the same right to compensation regardless of the legal status of your sublease. It’s just that your host’s illegal subletting might limit the financial resources available to pay your claim.

Airbnb liability

Airbnb will do its best to avoid all liability whatsoever. A court, however, won’t necessarily let them get away with this. A court might hold Airbnb liable if it assumed a duty (e.g., advertising safety features) or failed to act on known safety risks. However, liability may be limited by law. Some possible grounds for liability include:

• Exercised substantial control over the transaction or safety rules.
• Failed to act on prior reports of an unsafe property and you suffered an injury there.
• Engaged in misrepresentation, such as advertising a property as “safe for children” without proper vetting.

In these instances, you might be able to pursue liability against both the host and Airbnb for negligent misrepresentation or failure to warn.

Sole liability for Airbnb

If Airbnb affirmatively undertook safety-related responsibilities (e.g., advertising safety features, vetting hosts, responding to safety reports), it may assume a duty of care and become the only liable party if no one else had comparable control.

Suppose, for example, that Airbnb labels a unit as “verified for wheelchair access,” and the guest is injured due to inaccessible design. Airbnb might bear sole liability if the host relied on Airbnb’s labeling and Airbnb handled all communications.

What evidence to gather

Gather the following evidence to support your claim:

• Photos and videos of the hazardous condition and the injury site
• Medical records and bills
• Incident reports or communications with the host, Airbnb, or emergency services.
• Witness statements, including contact information of anyone who saw the incident or the unsafe condition
• Proof of your booking
• Documentation of your lost income or other damages
• Evidence of Airbnb’s misrepresentations
• Correspondence with Airbnb
• Insurance policy information
• Lease or ownership records

The more relevant evidence you gather, the better your chances of victory. A personal injury lawyer can help you determine admissibility under the local evidence code.

Need help after an Airbnb injury?

If you were injured as a guest at an Airbnb, you might have a valid personal injury claim. Claims don’t enforce themselves, however—you’re going to have to rely on your own initiative for that. If you were seriously injured, your claim is probably complex enough to render the assistance of a Washington or Oregon personal injury lawyer a necessity, not a luxury.

When times are tough, you deserve a fighter in your corner. At Philbrook Law, we stand ready to lace up our gloves.