Who’s Liable If I Was Injured At an Airbnb or VRBO? By Sean Burke on February 14, 2022

Snowy stairsAirbnb and VRBO property rentals have become popular options among tourists. While people usually intend to relax and have fun at a vacation rental, it is not uncommon for individuals to be injured on a vacation. After such an incident, they may wonder, “who is liable for injuries sustained at an Airbnb or VRBO?”

While liability depends on a number of different factors, a property owner can be held accountable for an Airbnb or VRBO injury. The personal injury attorneys at Burke Argos work with injury victims in the Irvine, CA, area to establish liability so that injured parties can be justly compensated for related damages.

Vacation Rental Liability Policies

Like commercial hotels, Airbnb and many other vacation rental platforms have liability policies in place to protect both renters and property owners in the event of an accident or injury. Previously, Airbnb’s liability policy included a waiver that had renters give up their right to sue property owners for damages related to an injury suffered at a vacation rental. However, the current policy does not include such a waiver. Instead, the company now provides up to one million dollars in liability coverage for certain types of injuries. Any additional damages must be provided by the property owner.

Premises Liability and Vacation Rental Injuries

If injury damages exceed the amount provided by a liability policy, or if a vacation rental does not have a liability policy, renters can pursue financial compensation for injury damages by filing a premises liability lawsuit. Premises liability laws hold property owners accountable for maintaining a safe atmosphere for authorized guests or visitors. To establish a case or premises liability, a plaintiff must show that:

  • The defendant owns the property
  • The defendant was negligent in the upkeep or maintenance of the property
  • The plaintiff suffered injuries or financial losses
  • The defendant’s neglect played a significant role in the plaintiff’s injuries

What Types of Injuries May Be Covered by a Vacation Rental Policy or Property Owner?

A person can be injured in a number of different ways while on a vacation. However, a property owner (or vacation rental liability policy) is only responsible for injuries that take place on, or closely related to, the property. For instance, if someone is injured in a car accident, or if they suffer a fall while out exploring other destinations, the rental property owner will not be found liable. Instead, they can be held accountable for injuries sustained in the following types of accidents related to their property:

  • Tripping over a loose rug, floorboard, uneven pavement, etc.
  • Falling down stairs that are uneven or lack a necessary handrail
  • Slipping on a slick surface
  • Being struck by a falling object

Premises Liability Damages

If property owners are found liable for an accident or injury that occurs at their vacation rental, they may be held accountable for both economic and non-economic losses related to the injury, such as:

  • Medical expenses
  • Ongoing therapy or rehabilitation
  • Lost wages
  • Diminished wage earning capacity
  • Pain and suffering

Learn More

If you or a loved one has been injured while staying at an Airbnb or VRBO, the property owner may be liable for resulting damages. The premises liability attorneys at Burke Argos would be happy to examine the details of your case and let you know the type of financial compensation you may be due. To schedule a legal consultation, send us a message online, or call our Irvine practice at (949) 644-3434.

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