First, let’s explain what Airbnb is. The company was founded in 2008 and allows people from all over the world to list their homes for rental to purposes. It’s very similar to Uber and other ridesharing programs, only for vacations. It’s just like renting a hotel room — only instead of an impersonal room, you can rent a home or an apartment. However, it can be a “you get what you paid for” situation — the host can put beautiful photos of his/her home online but once you arrive at the home, you may find that it’s actually run down and not in the best of conditions.
So let’s say this happens to you. You saw a beautiful home online for a reasonable price and you book the home for the weekend. As you arrive at the home, you’re disappointed to see the home is nothing like the pictures yet you make do with what you have. However, the homeowners had failed to fix their stairs before your arrival. While climbing the stairs on your way to bed one night, you slip on a broken piece and fall down the stairs, injuring your knee. Who’s responsible?
Premises liability law tells us that commercial property owners and multifamily dwellings are responsible for any accidents that occur on the property, as long as the accident occurred because of a defect. And yes, the same goes for someone who rents out his/her home to another person. It’s also important to note that not only is the landowner liable but there may be some trouble with his/her homeowner insurance. There may be a clause in the insurance saying you cannot run a business out of your home and if that homeowner hadn’t informed the insurer about renting out the home, the injured party may have trouble collecting. The same problem could face with an apartment renter — chances are, a renter’s insurance policy will not cover a guest’s accident.
As for suing Airbnb for the accident, you can forget that right now. According to the company’s Terms of Service, it is not responsible for any accidents that occur on people’s properties.
So what can you do if you have an accident at an Airbnb rental? You contact the Law Offices of Anthony Carbone for a free consultation. We’ll help you get the compensation you deserve for your injuries.