If You Were Injured at an Airbnb, Who is Legally Liable?
January 23, 2026
Travel has changed drastically in recent years. Where people once called hotels to book a place to stay, now they pore over details and photos online to find a destination loaded with the right amenities for a vacation or business trip. Often, stays are now booked in individually-owned houses or apartments rather than traditional hotels. Online platforms such as Airbnb and VRBO make the reservation process as simple as booking a hotel.
But when you book a hotel, and there’s a problem at the site that causes injuries or damage, you know who to contact and who is ultimately responsible. The same is not necessarily true when injuries occur at a site you booked through an online platform. Who is legally liable if you’re hurt at an Airbnb in California? Do you have the same rights as someone in a hotel? How do you enforce your rights?
The details matter in situations like these, so we can’t give a one-size-fits-all answer in a blog. If you contact us directly, we can review the circumstances and explain your options for recovery. In the meantime, for general background information, here are some of the factors that determine who can be held liable if you’re hurt in a private property you rented online.
Understanding Airbnb Rentals
Booking a stay at a property through Airbnb, VRBO, or similar online platforms is essentially the same as booking through an online travel agent. Online platforms consolidate information so travelers can compare amenities, prices, and other factors. In addition, the online platforms allow travelers to make reservations and pay for accommodations.
Unlike hotel chain websites and the websites of individual vacation properties, such as bed and breakfasts and boutique hotels, the company providing the online platform has no ownership interest in the property being rented and little or no control over the property or the rental terms. Does that lack of control mean the online platforms are not responsible for problems that result from bookings? Not necessarily. If a booking platform makes a false promise that travelers rely on and those travelers suffer harm because of that false promise, the company that made the promise could potentially be liable. For instance, if an online platform advertises that they inspect premises or performs background checks on property owners, and the platform does not actually undertake these functions, someone injured due to unsafe conditions or violent conduct by a property owner might be able to establish liability on the part of the online platform.
When the Property Owner May Be Liable in California
A well-established legal principle, premises liability, can hold the owner or manager of a property liable when someone is injured by a hazard on the premises. This principle applies to injuries that occur on properties open to the public, such as hotels, restaurants, and stores, as well as on private property, such as houses. In all situations, the owner or manager of the property has a duty to protect authorized visitors from foreseeable injury caused by conditions on the property. For instance, if the owner knew that a stair railing was loose, the owner would have a duty to take reasonable steps to prevent someone from falling because of the loose railing. That might include fixing the railing or putting up a sign and caution tape to warn people not to use it for support.
The extent to which a property owner is expected to go to protect people can vary depending on the situation. When a property is open to the public for the benefit of the property owner, such as a store open to customers, the owner has an obligation to inspect periodically to identify potential dangers, in addition to addressing hazardous conditions the owner already knows about. (When an employee knows about a danger, then that generally indicates that the property owner has knowledge of it, at least for legal purposes.)
A property owner does not have the same obligation to inspect for potential hazards when someone is on their property for their own benefit rather than the commercial benefit of the property owner. If a sales representative for a carpet company comes to a hotel to try to sell carpet to the owner, for example, that salesperson is not trespassing on the property, but they are not there for the benefit of the property owner in the same way that a hotel guest would be. Therefore, the property owner’s obligation to protect the salesperson from harm is not as extensive as the obligation to protect a hotel guest from harm.
The same situation applies when someone is visiting a private home. They are allowed to be on the premises, so they are not trespassing, but they are not there to provide a commercial benefit to the property owner. So the owner does not have a duty to inspect for hazards before the guest arrives.
When a guest arrives at a property they rented through Airbnb, however, they should be treated with that higher duty of care because they are there to provide an economic benefit to the property owner. This should be a situation where private property owners have a duty to inspect that is similar to that of commercial property owners. When property owners fail to take reasonable steps to protect paying guests from harm, the owners can be held liable for injuries that result.
Airbnb Provides Liability Insurance for Hosts But It Won’t Be Easy to Recover
Because of the potential for liability if guests are injured, Airbnb provides liability insurance for property owners who host through their platform. The insurance can provide up to $1 million in coverage if a guest is injured and the property owner is found legally responsible for the injury.
But if you’ve been hurt at an Airbnb, you will not be entitled to receive money automatically. The insurance company will bring in lawyers prepared to argue that you, rather than the property owner, are responsible for the injuries. To have any chance of recovering compensation, you will need to work with an attorney who knows how to overcome their legal tactics and fight effectively to establish liability.
Get an Experienced Legal Advocate on Your Side When You’ve Been Injured by a Dangerous Condition
Staying at an Airbnb property is not cheap. You can spend as much or more than you would staying at a hotel. When you pay to stay at a property, you expect the premises to be reasonably safe. If instead a danger on the property causes harm, you should be compensated for your pain, suffering, and medical expenses resulting from a problem that the owner failed to address. Premises liability cases can be extremely complex, and it is important to collect evidence as soon as possible after an injury to build the best case for liability. If you were injured at an Airbnb or any property belonging to someone else, we invite you to schedule a free consultation with us as soon as possible to discuss the potential recovery that could be available.