Since its inception in 2007, Airbnb has evolved from a fringe travel site to a household name. Boasting over 8 million active short-term rental listings around the world, Airbnb has ushered in a new era of hospitality and breathed new life into the global tourism landscape.

The same holds true here in Tennessee, where we have substantial Airbnb occupancy rates. East Tennessee, in particular, is rife with active listings on Airbnb and a variety of other short-term rental platforms, thanks to our bustling tourist towns. While these platforms offer travelers a new and innovative way to stay while seeing the sights, there are certain liability questions that emerge when guests suffer injuries on Airbnb property. Let’s take a closer look at how liability is determined in Airbnb accidents and discuss how an experienced personal injury attorney can help injured guests exercise their rights.

What is Airbnb?

Airbnb is a digital platform that travelers can use to book short or long-term stays at private properties around the world. For many guests, Airbnb is an attractive alternative to traditional hotels because Airbnbs offer more personalized, local experiences, and often come at lower price points than hotels in popular tourist areas.

Since rising to prominence in the late 2000s, Airbnb has inspired a variety of similar platforms to begin operating in the U.S. and around the world, giving guests and hosts even more opportunities to connect on a global scale. Many short-term rental properties listed on these platforms are larger than standard hotel rooms, making Airbnbs a popular lodging option for families, friend groups, and corporate teams alike.

What happens if you’re injured at an Airbnb?

Accidents can happen anytime and anywhere, Airbnbs included. Sometimes, guests suffer injuries at short-term rental properties due to their own actions. Other times, however, guests are injured due to the negligence or recklessness of others. Some common injury scenarios at short-term rental properties include:

• Slip-and-fall accidents
• Falls from decks and balconies
• Burn injuries
• Carbon monoxide poisoning
• Dog bites
• Drowning or other swimming accidents

When an Airbnb guest suffers an injury in any of the scenarios outlined above, they may have a claim if the host or property owner created the hazardous condition or had actual or constructive notice of it.

Who can be liable after an Airbnb accident?

The ownership and management structure of many Airbnb rentals can present a number of legal hurdles in the event of a personal injury accident. The first thing to remember about these cases is that injured guests must be able to prove that their injuries occurred due to another party’s negligence. This commonly looks like a property owner or manager failing to adequately maintain the premises or ignoring known safety hazards.

Short-term rental properties are sometimes overseen and attended to by a number of different parties, which can complicate determinations of liability in Airbnb accidents. Some of the entities that may bear the burden of responsibility for a rental guest’s injuries include:

• Hosts: Generally speaking, the individual who listed the property for rent is considered the “host” and may be deemed responsible if they failed to disclose known risks at a property or did not adequately maintain the premises.
• The property owner: Some hosts are renters themselves, which can further complicate premises liability claims. Under the law, however, the legal owner of the Airbnb may still bear some level of responsibility for accidents that occur on their property, even if they were not the ones operating the Airbnb.
• The platform: Companies like Airbnb, Vrbo, and other short-term rental facilitators know how to cover their legal bases, which makes it difficult to bring claims directly against these entities.
• Maintenance providers: It’s not unusual for short-term rental operators to work with third-party maintenance providers and property managers. If the negligence of any third party contributed to a guest’s injuries, they may be considered liable under Tennessee law.

In the end, the number of potential sources of liability in these cases can further complicate victims’ claims for compensation in the wake of an Airbnb accident. An experienced personal injury attorney can help illuminate all potential sources of liability in one of these cases and provide clients with clear guidance about the most viable legal path towards compensation.

Don’t Airbnb hosts have insurance?

Airbnb offers host liability insurance as part of its AirCover insurance program. This liability insurance provides up to $1 million in coverage for hosts who are found liable for guest injuries or property damage. Hosts automatically receive this coverage through the platform and do not have to opt in for coverage, but it is secondary coverage to the host’s own coverage and subject to exclusions. It is rare for Airbnb to be held liable and coverage is subject to policy terms and exclusions, such as intentional misconduct and certain privacy-related violations.

When a guest’s injuries are severe, a host’s liability insurance might not even be enough to cover the full scope of the damages. If a guest’s injury isn’t covered by the host’s liability insurance or the value of their claim exceeds the policy limit, they may have to pursue alternative legal options to recover injury-related damages.

What damages are available for injured Airbnb guests?

If you are hurt at an Airbnb or short-term rental in Tennessee, you may be entitled to compensation for a variety of economic and non-economic damages, including:

• Medical bills
• Hospital stays
• Long-term care and rehabilitation
• Lost wages
• Reduced capacity to work
• Therapy costs
• Pain and suffering
• Emotional distress and trauma

In Tennessee, there is no cap on economic damages like medical bills, lost wages, etc., but non-economic damages are generally capped at $750,000 in most cases, though the cap may be increased to $1,000,000 in cases of catastrophic injury. Courts may also assign punitive damages in cases involving intentional or highly egregious misconduct. The state caps these damages at 2x the amount of compensatory damages or $500,000, whichever is greater. If the defendant was intoxicated, committed a felony, or intentionally destroyed, concealed, or fabricated evidence to avoid liability, no cap applies.

These caps are yet another reason why it’s important to work with an experienced personal injury attorney who can help you pursue the full value of your claim under Tennessee law.

Final thoughts

Airbnb and other short-term rental platforms have revolutionized the global tourism industry, and the same holds true right here in Sevier County. While short-term rentals offer convenient and cost-effective lodging options to travelers from all walks of life, they can present a number of legal hurdles in the event that a guest is injured during their stay.

Between Tennessee’s short statute of limitations (only one year in most cases) and our comparative fault system (which bars recovery if a plaintiff is 50% or more at fault), it’s important to work with knowledgeable and reliable legal representation when navigating an Airbnb personal injury claim. At Delius & McKenzie, PLLC, our experienced local team understands the nuances of fighting for liability in cases involving Airbnb accidents and is committed to helping injured victims recover the compensation they need to heal.

If you or a loved one has been hurt while staying at an Airbnb or other short-term rental, give us a call today or fill out our online contact form to schedule a free consultation with a member of our team. We can help you determine what legal options might be available in your case and offer the support you need to hold the right people accountable for the harm you suffered at what should have been your home away from home.