Guide to Airbnb Injury Lawsuits

Airbnb dominates the short-term rental market with over 8 million active listings in 220 countries, more than 5 million hosts, and upwards of 200 million users worldwide. Since its launch, guests have booked over 1 billion stays.

For many, it’s a way to enjoy affordable, flexible lodging and memorable local experiences.

But like in any other place, staying in someone else’s home isn’t risk-free. Broken stairs, loose railings, slippery patios, and poorly maintained pools can lead to serious injuries. When that happens, guests are often left wondering who is responsible for their medical bills and whether Airbnb itself can be held accountable.

In this article, we’ll break down what an Airbnb injury lawsuit involves, when guests may have the right to sue, how Airbnb’s insurance coverage works, and what both renters and hosts need to know to protect themselves.

What Happens if You Get Injured at an Airbnb?

Accidents at vacation rentals come in many forms. Some of the most common include:

• Slips and falls on wet floors, uneven surfaces, or broken steps
• Injuries from unsafe balconies, railings, or decks
• Broken or unstable furniture causing falls or cuts
• Carbon monoxide or gas leaks from faulty appliances
• Pool accidents due to lack of fencing, poor lighting, or slippery surfaces
• Burns from malfunctioning heaters or stoves
• Tripping hazards like loose rugs, extension cords, or cluttered walkways

If you’re injured at an Airbnb, act quickly. Here’s a quick rundown of what you need to do:

• Seek medical attention right away, even if the injury seems minor. Some conditions worsen over time, and delayed treatment can complicate a claim.
• Document everything: take photos of the hazard, your injuries, and the surrounding area.
• Notify the host immediately and report the incident to Airbnb through the app or website.
• Keep copies of all communication, receipts, and medical records.

This will create a paper trail that supports any claim you file later.

Can You Sue Airbnb for Injury?

Airbnb operates as a platform that connects hosts with guests. This structure complicates liability. In most cases, the host or property owner bears responsibility for maintaining safe conditions. They have a legal duty to inspect the property, repair hazards, and warn guests of known risks. If a host fails to fix a broken staircase or leaves a pool unlocked, they may be liable for resulting injuries.

But Airbnb itself can be held accountable in specific situations. If the company failed to enforce its own safety policies, ignored repeated complaints about a dangerous property, or was negligent in vetting a host with a history of safety violations, you may have grounds to sue Airbnb directly. Courts have ruled in some cases that platforms can share liability when they exercise control over safety standards but fail to follow through. However, these claims are harder to prove and often require evidence that Airbnb knew about the danger and did nothing.

More often, the host is the primary defendant. Proving host liability requires showing that they knew or should have known about the hazard and failed to take reasonable action to fix it.

What Is the Airbnb Injury Policy?

Airbnb provides a program called AirCover for guests, which is automatically included with every booking.

While AirCover mainly focuses on problems like cancellations, unsafe listings, or significant misrepresentation of a property, it can also step in if you feel unsafe during your stay. In those cases, Airbnb may help rebook you somewhere else or refund your reservation.

However, AirCover is not the same as insurance. For medical bills or injuries that happen during your stay, you would generally need separate travel or stay protection insurance. Airbnb makes these policies available at checkout for guests in the United States, United Kingdom, parts of Canada, Australia, and certain EU countries. These insurance policies can cover expenses such as:

• Emergency medical treatment and hospital stays
• Medical evacuation or supervised flights home
• Trip interruption costs, like rebooking flights or accommodations
• Assistance services, such as translation or help locating medical care

However, both AirCover and travel insurance have exclusions. Injuries caused by reckless behavior, drug or alcohol use, or high-risk activities without additional coverage often aren’t eligible. Natural disasters or intentional acts are also excluded.

In short: AirCover helps with your stay itself, while travel insurance helps with unexpected medical and financial costs. If you’re injured at an Airbnb, you may need to rely on both systems, or pursue a lawsuit, depending on the cause of the accident and how your losses are handled.

How to File an Airbnb Injury Lawsuit or Claim

If AirCover or travel insurance doesn’t cover your losses, you may need to pursue a legal claim against the host, Airbnb, or both. Filing an Airbnb injury lawsuit involves several steps, and preparation is key to strengthening your case.

Steps to Take Before Filing a Lawsuit

• Consult with a personal injury attorney who has experience with rental or premises liability cases. They can help determine who should be named in your claim.
• Gather all relevant documentation. This includes photos of the hazard, medical records, receipts, and communication with the host or Airbnb.
• Secure witness statements. If other guests saw the unsafe condition or your accident, their accounts can be valuable.
• Request repair or inspection records, which may show the host knew about the issue but failed to address it.

The Filing Process

1. Your attorney will typically begin with a demand letter to the host, Airbnb, or their insurers, outlining your injuries, evidence, and requested compensation.
2. If negotiations fail, a formal lawsuit is filed in the appropriate jurisdiction. Depending on the facts, this could be where the property is located or where Airbnb’s terms of service allow disputes to be heard.
3. Discovery follows, where both sides exchange evidence. This is when maintenance logs, prior complaints, and Airbnb’s internal records can come into play.
4. Many cases settle before trial, but if not, a judge or jury decides liability and damages.

Because each case is fact-specific, timelines vary. Some claims resolve in a matter of months, while others take longer if courts or international laws are involved. Starting the process early and preserving evidence immediately after the accident gives you the strongest chance at a successful Airbnb injury claim.

Has Anyone Sued Airbnb and Won?

Yes, some guests have successfully taken Airbnb to court or reached settlements after being harmed or left out of pocket due to problems during their stays. While many injury lawsuits are confidential, there are public examples where guests pushed back and won compensation.

One notable case involved Mike Nicholson, a retired harbor master from the UK, who booked a family villa in Spain through a “superhost.” When the host failed to respond, Airbnb cancelled his reservation the day the family arrived, leaving them stranded at Málaga airport. Nicholson was forced to book last-minute accommodation at a much higher cost, paying hundreds of pounds more than his original reservation.

Initially, Airbnb refunded his booking but refused to cover the extra expense. They offered only partial vouchers, which Nicholson declined. Determined to fight back, he pursued the case through the EU’s European e-Justice Portal, pointing out that Airbnb would have charged him steep cancellation fees if the roles were reversed.

After weeks of negotiation, Airbnb eventually paid him the full amount plus costs.

What Compensation Can You Seek in an Airbnb Injury Lawsuit?

Compensation depends on the severity of the injury and the financial, physical, and emotional toll it creates. Courts and insurers typically consider both immediate and long-term impacts. Potential damages include:

• Medical expenses such as ER visits, hospital stays, surgery, medication, and rehabilitation costs.
• Lost income if you miss work or suffer reduced earning ability due to your injury.
• Pain and suffering for the physical pain and emotional distress tied to the incident.
• Long-term care costs such as physical therapy, home modifications, or mobility aids.
• Loss of enjoyment of life when an injury permanently affects daily activities or independence.
• Punitive damages in rare cases where a host or Airbnb demonstrated reckless disregard for guest safety.

Every claim is unique, so the exact amount will hinge on medical records, expert testimony, and proof of how the injury changed your life.

Can You Sue Airbnb for Emotional Distress?

Yes, but these claims are harder to prove than physical injury. Emotional distress lawsuits against Airbnb generally stem from traumatic or unsafe experiences that go beyond inconvenience. Examples include:

• Anxiety, depression, or PTSD after an assault or dangerous accident in a rental.
• Severe stress caused by exposure to unsafe living conditions, such as toxic mold or carbon monoxide.
• Emotional trauma linked to wrongful death incidents involving family members staying in an Airbnb.

To succeed, you’ll need strong evidence such as medical diagnoses, therapy records, witness statements, and proof that the host’s or Airbnb’s negligence caused the trauma. Courts also consider the severity and duration of the emotional harm when deciding compensation.

What Is the Insurance for Airbnb Accidents?

Airbnb offers Host Liability Insurance and Host Damage Protection, which are different from AirCover for guests. These coverages are designed primarily to protect hosts, but they may indirectly benefit guests:

• Host Liability Insurance can cover guest injuries if the host is found legally responsible, with policy limits up to $1 million. This applies to incidents like slip-and-fall accidents or property defects.
• Host Damage Protection applies to the host’s property, not guest injuries, so it won’t help with medical bills.

Travelers are still encouraged to purchase additional travel or health insurance before their stay, since host liability coverage doesn’t always guarantee payment for a guest’s claim.

Understanding these insurance layers helps clarify when you might be reimbursed automatically versus when you’ll need to pursue legal action.

Can You Take Legal Action Against an Airbnb Host?

Yes. In many injury cases, the host (not Airbnb itself) is the primary party responsible. Legal action may be necessary when:

• The host ignored known hazards such as broken steps, loose wiring, or unfenced pools.
• Maintenance records or guest complaints show the host was aware of the danger but failed to act.
• The host violated local housing, safety, or building codes.

Lawsuits against hosts differ from filing a claim through Airbnb’s platform. Airbnb may mediate disputes, but if negotiations fail, suing the host directly in civil court can be the only way to recover full compensation. Jurisdiction usually depends on where the property is located, and deadlines for filing vary by state or country.

How to Protect Yourself as a Guest in Airbnb

Guests can reduce risk and strengthen their position if an injury occurs by taking simple precautions before and during their stay:

• Check reviews carefully for safety-related complaints like poor maintenance, faulty appliances, or lack of cleanliness.
• Ask hosts direct questions about property features such as smoke detectors, pool safety, or accessibility issues.
• Confirm safety essentials like working locks, secure railings, and visible fire exits upon arrival.
• Understand your coverage by reviewing Airbnb’s terms and any travel insurance you purchase before traveling.
• Document conditions early by taking photos or videos when you check in. This creates evidence if you later need to prove a hazard existed.

Being proactive doesn’t eliminate risk, but it can help prevent accidents and put you in a stronger position if you ever need to pursue an Airbnb injury lawsuit.

Get Help For Your Airbnb Injury Lawsuit

If you or a loved one were hurt while staying in an Airbnb or vacation rental, you don’t have to face the aftermath alone. The stress of dealing with Airbnb or uncooperative hosts can be overwhelming. A skilled attorney can investigate the circumstances, determine liability, and pursue the full compensation you deserve.

Thompson Law has experience handling complex premises liability and injury claims, including those involving Airbnb rentals. Our team is ready to guide you through every step, from filing insurance claims to taking legal action when necessary.

Contact Thompson Law today for a FREE CONSULTATION about your Airbnb injury lawsuit. Let us fight for your rights while you focus on recovery. We cover all areas of California, Georgia, Arizona, and Texas.