Injured at a Hotel or Airbnb? Know Your Legal Options

Whether you’re traveling for work or a weekend getaway, staying at a hotel or Airbnb should be a safe and comfortable experience. Unfortunately, that’s not always the case. Accidents can happen when properties aren’t properly maintained, and what begins as a relaxing trip can quickly turn into a stressful situation. If you’ve been injured during a stay, it’s important to understand your rights and the legal options you have.

Common Injuries That Can Occur

Injuries at hotels and short-term rentals are more common than many people realize. In many cases, these accidents are preventable. When property owners or managers fail to keep the environment safe, guests can get hurt and may be entitled to compensation. 

Here are some common injuries that may occur: 

• Slip and fall accidents caused by wet floors, poor lighting, or loose carpeting.
• Injuries from broken furniture, railings, or stairs.
• Burns or electrical injuries resulting from faulty appliances or malfunctioning water systems.
• Bed bug infestations causing physical and emotional harm.
• Assault or robbery due to lack of proper security measures.

What to Do After an Injury During Your Stay

If you’re injured at a hotel or Airbnb, taking the right steps immediately can protect both your health and your legal rights. Follow these steps to help preserve important evidence and give your legal team the tools they need to pursue a strong claim on your behalf.

Make sure to:

• Seek medical attention right away, even if your injury seems minor. 
  • Prompt documentation is critical to both your recovery and your case.
• Report the incident to hotel management or your Airbnb host as soon as possible. 
  • Ask for a written or digital record of the report.
• Document the scene by taking photos or videos of the hazardous condition, your injuries, the lighting, surroundings, and any lack of warning signs.
• Gather contact information from any witnesses who saw what happened.
• Save all related documentation, including your booking confirmation, receipts, and any communication with the host or property staff.
• Avoid discussing the incident on social media or with insurance adjusters before consulting with an attorney.

The Role of Premises Liability Law

Most cases involving injuries at hotels or Airbnbs fall under a legal principle known as premises liability. This area of law holds property owners or managers accountable when unsafe conditions lead to someone getting hurt.The focus isn’t on intent; you don’t need to prove that the injury was intentional. Instead, the law looks at whether the responsible party acted negligently by failing to fix a dangerous condition or warn guests about it.

It’s also important to understand your status on the property. If you were a paying guest at a hotel or Airbnb, you are owed a high duty of care. However, if you were on the property without permission, such as a trespasser, your legal protections may be more limited. These distinctions matter, and our experienced attorneys can help you understand how they affect your case.

Airbnb vs. Hotel Claims: What’s Different?

While both hotels and Airbnbs can be held legally responsible for guest injuries, the process of filing a claim can vary significantly.

Here are some of the major differences:

• Hotels typically have commercial insurance coverage, along with established procedures for handling injury claims. They are often represented by legal teams and insurance adjusters who regularly manage these types of cases.
• Airbnb incidents may involve multiple layers of coverage, including:
  • The host’s homeowner’s or renter’s insurance, which may or may not cover guest injuries.
  • Airbnb’s Host Protection Insurance, which offers up to $1 million in liability coverage, but only under specific conditions and with several exclusions.
• Filing a claim after an Airbnb injury is often more complex and may require:
  • Direct communication with the host and Airbnb.
  • Detailed documentation of the injury, property condition, and incident timeline.
  • Legal support to determine which policy (if any) applies and how to access benefits.

How We Can Help

An injury can create unexpected challenges, from medical bills to time away from work. We understand how overwhelming these situations can be. Whether your injury resulted from negligence, hazardous conditions, or improper maintenance, our legal team is prepared to investigate the facts, determine liability, and fight for the full compensation you deserve.

We handle every step of the legal process so you can focus on your recovery. If you were injured at a hotel or Airbnb, don’t navigate it alone. Contact Gelbstein & Associates today at (855) LAW-2407 to schedule your free consultation.