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Airbnb Accident Compensation Claims Guide – How To Claim Compensation For A Personal Injury Against Airbnb?
On this page, you will find a full guide to the legal process of making an Airbnb accident claim. It covers everything you will need to know about why you may be eligible to make a claim, and how a solicitor will process a personal injury claim for you.
The situation is somewhat complex with regard to making Airbnb claims. Guests at an Airbnb property are being invited into a private home, as opposed to a hotel, resort or hostel which is operated by a company.
It’s therefore important to appreciate that we cannot help with all claims of this nature, but we will review each individual case for free to see if we can support you.
If you have any specific questions you need answers to, and you don’t find them in this guide, please call Legal Expert on 0800 073 8804, and one of your team will help you.
Select A Section:
- A guide to Airbnb accident claims
- What is Airbnb and what are Airbnb accidents?
- Who is liable for an Airbnb guest injury?
- What is Airbnb host protection insurance?
- The occupiers liability act and Airbnb
- Common law negligence in Airbnb personal injury cases
- I was injured in an Airbnb abroad, can I claim compensation?
- Can I claim if injured at an Airbnb by broken or damaged furniture?
- Can I claim for assault at an Airbnb?
- What should I do if I got injured at an Airbnb?
- What can I include in my airbnb injury lawsuit?
- I was injured at my Airbnb, how much compensation could I claim?
- No win no fee Airbnb guest injury claims
- Why make an Airbnb personal injury claim with Legal Expert?
- Speak to our team today
- Helpful resources and further information
A Guide To Airbnb Accident Claims
Airbnb was the first of a new breed of hospitality companies. Acting as an online marketplace for people to rent their spare room or entire property to people who are looking for short-term accommodation. Airbnb is notable for the fact that its only income is from the commission the people renting out accommodation pay them for bookings. In effect, Airbnb acts as a middleman. This is an important legal consideration. As a middleman, Airbnb has successfully fended off attempts to prove the company liable in a number of claims.
Airbnb relies on a user review and rating system, as well as social networking indicators, to ensure that the best renters receive the most bookings. This is a “built on trust” approach, that protects both property owners and guests by ensuring that bad renters or bad guests, start finding it hard to arrange business through the platform. But how does this protect guests when something goes wrong? If they are injured while staying at an Airbnb property? Who is liable to pay compensation, and for what? This guide aims to answer these questions and more.
The guide begins by explaining what Airbnb is, and how it works. The guide then moves on to look at the concepts of eligibility and liability, as well as take a look at the Airbnb host protection service features. You will also find information on the general legislation that applies to Airbnb renters.
The second part of this guide covers specific types of accidents and incidents that could cause an injury to a guest staying at an Airbnb property. Towards the end of the guide you will find key facts related to the types of damages you could claim, as well as typical amounts of compensation you might receive. We have presented this information in a table, rather than provide a full-blown personal injury claims calculator. Within the final sections of the guide, we introduce the Legal Expert nation claims service, and explain why this is the simplest, most effective way for you to have your Airbnb claim processed. If you have any questions about our claims service, please call us on the number at the end of this guide. As long as you are ready to make your claim within the personal injury claims time limit of three years, we should be able to assist you.
What Is Airbnb And What Are Airbnb Accidents?
The graph above shows the number of Airbnb rooms available in major cities in Europe. As we can see, London is the second busiest Airbnb city. The company was first launched in 2009, and since then has grown to serve over six million guests a year. Airbnb operates in 90 countries, and offers almost a million rooms across the globe. Airbnb charges a small commission for each booking which is paid by the property owner. This means that most Airbnb accommodation is made available below market rates, making it very popular.
However, Airbnb relies heavily on its renter and guest rating system to ensure that the best properties get the most bookings. And whilst this is effective in the way it slowly forces bad renters to either improve their game, or stop hosting guests, it does not provide any guarantee that property owners are offering accommodation that meets specific safety standards. There are no safety inspections, no need for full Health & Safety compliance, with only very basic legislation applying to private renters, is protecting consumers.
Furthermore, the Airbnb platform has come under criticism for its laxity in making sure that disreputable property owners are excluded from offering their properties on the Airbnb website. In some countries, the UK included, property owners are not required to prove their identity when they register their property for rent. This could mean that dishonest, unsafe, and undesirable property owners who have been banned from Airbnb, can simply create a fresh account and begin renting their property again.
If you have been injured or become ill while staying at an Airbnb host property, Legal Expert can act as your personal injury lawyer and process a claim for you. Call us on the number at the bottom of this page to find out how.
Who Is Liable For An Airbnb Guest Injury?
This is the big question when it comes to make an Airbnb claim. If you had booked your accommodation through traditional channels, either the hotel owner or the hotel chain itself would be available to make a claim against. However, Airbnb insists that it is not liable for any injury or damage to personal property that a guest incurs. Airbnb says that it is simply the middleman, and cannot be held liable for the acts of users renting property to guests via its platform. There was a famous case some years ago now, where a group of guests staying in an Airbnb property were very seriously injured when the balcony broke away from the wall, and plummeted to the ground. Solicitors representing the injured parties were unable to claim from Airbnb successfully.
So, who is liable? Well, in theory, the property owner is liable. But these are private renters, and pursuing them for damages after an accident at their home is problematic. The claim would usually be made against the insurance firm that provides the property owner with their home insurance. But many insurers stipulated that the policy is for residential use only. Renting a spare room as an Airbnb property is a business activity, and this would potentially negate the insurance policy. So, who does the injured part claim against in this case? A claim could be attempted against the property owner themselves, but if they don’t have the financial resources to cover the compensation payment, there is little point. In theory, a claim could be made against the Criminal Injuries Compensation Authority (CICA) in this case for example if the gas had not been serviced in a UK location, but to date, no precedent for this has been set. Airbnb does provide the Airbnb host guarantee, more on this in the next section, but this only really helps property owners.
So, the take away here, is that generally the property owner would be liable, but the route to claiming compensation may not be clear, or may even be non-existent. You are going to need a skilled and experienced personal injury solicitor, such as us here at Legal Expert, to help you make your Airbnb accident claim. Call us on the number at the end of the page so we can start helping you today.
What Is Airbnb Host Protection Insurance?
Airbnb provides what it calls “Host Protection Insurance” for all property owners. Note the name of this, it is not called Airbnb guest protection. It is aimed solely at protecting property hosts. It protects hosts from the acts of guests such as damage, vandalism, theft, etc.
However, the good news is, that this protection includes up to $1,000,000 in liability cover for the host, per occurrence, in the event of third-party claims of bodily injury or property damage. So, this means that if a guest can find a valid reason to make a claim directly against the host, then in theory, Airbnb will pay up to $1,000,000 of the damages that the guest is awarded.
Keep in mind though, that this pool of money is only available if a lawyer, or guest or solicitor can successfully pursue the property host for compensation. It’s doesn’t simplify this complex problem, it just means that damages are available if a valid route to claim can be found.
Some further good news here, is that the host protection insurance is applicable to the actions of a property landlord. If a guest is injured at an Airbnb property, through the actions of the building owner (landlord), that is renting the property to the person who is providing Airbnb accommodation (host), then if a claim can be successfully made against the landlord, Airbnb could pay up to $1,000,000 million of the damages awarded.
As you can see, this really is a very complicated legal situation. Legal Expert will be able to help you to understand how you may be able to claim up to $1,000,000 through the Airbnb host protection scheme. Call us on the number at this page today and we will explain how we can help you.
The Occupiers Liability Act And Airbnb
To answer the question, I was injured at my Airbnb can I make a compensation claim? The answer is yes, as long as it can be proven that the host (or their landlord), has failed to comply with basic legislation pertaining to publicly accessible buildings in the UK.
Solicitors have attempted to claim compensation directly from Airbnb in the past and failed. Even though these claims were based on the concept of contract law, and attempted to leverage the inherent guarantee within the Airbnb terms and conditions to prove that the company was liable to pay damages, they were unsuccessful. Airbnb simply denies liability, stating it is just the middleman.
The one of the only really viable ways to pursue an Airbnb host for compensation, is to use the Occupiers Liability Act as the vehicle for the claim. This set of legislation is designed to protect any person who has a legal right to enter a property, from hazards that have been caused by the property owner.
For example, if you were to trip on a damaged floorboard, the property owner would be liable, as they are responsible for making sure the building is safe, and this includes the flooring. However, keep in mind the previous section, that explains how even if there is a clear route to making a claim, there is no assurance that any compensation could be claimed if the defendant has no valid insurance, and lacks the finances to pay compensation.
Legal Expert can help you to leverage the Occupiers Liability Act to make a compensation claim against an Airbnb host. Call us on the number at the end of this page to learn how.
Common Law Negligence In Airbnb Personal Injury Cases
A further answer to the question, I got injured at Airbnb can I claim? Is yes, you could attempt to make a claim based on common law negligence. However, it is unlikely that such a claim could be made directly against Airbnb. They would counter the claim, buy stating there was no foreseeable way for them to prevent the accident, as they are not the property owner. This leaves the option of claiming directly against the host or their landlord, and this would be better done using the Occupiers Liability Act outlined above. And once again, the fact that common law negligence may provide you with a way to make a claim, there is no guarantee that any compensation could be claimed if the defendant has no financial resources to make such a payment, and are not covered by an insurance policy (including the Airbnb host protection insurance).
Legal Expert will be able to tell you whether common law negligence is applicable in your case, give us a call on the number at the bottom of this guide to proceed.
I Was Injured In An Airbnb Abroad, Can I Claim Compensation?
Making an Airbnb personal injury claim for an accident that happened overseas, is even more complicated than making one for an accident that occurred in the UK. The problem of jurisdiction comes into play. You may have paid for your Airbnb accommodation in the UK, but the host is regulated under the local laws in the country they live.
In some cases, Legal Expert could help you to make a compensation claim against an overseas Airbnb host. Call us on the number at the bottom of this page so that we can help you further.
Can I Claim If Injured At An Airbnb By Broken Or Damaged Furniture?
Yes, you would be able to make an Airbnb injury claim if you are injured by damaged furniture or broken fittings when staying at an Airbnb hosts property. Examples of these types of accidents can include:
- Falling off a chair that has a broken leg.
- Being electrocuted by a faulty light switch.
- Tripping on a torn carpet.
- Being burned by food being spilt due to a damaged table.
These are just a handful of ways that furniture and fittings can cause an injury. Call Legal Expert on the number at the end of this page so that we can get your claim started today.
Can I Claim For Assault At An Airbnb?
There have been a number of headline cases of assault by Airbnb hosts on guests in the international news. Some of these have been quite severe. For example, in the USA a young woman was stalked and then raped after meeting a man through Airbnb.
If you were to be assaulted while staying at an Airbnb property, either by the host or another guest, you could have a valid reason to make a claim. Call Legal Expert on the number at the end of the page to learn more about how we can help you.
What Should I Do If I Got Injured At An Airbnb?
If you are injured while staying at an Airbnb property, and intend to make an Airbnb injury claim, there are some steps you can take that will improve your chances of being successful, and these include:
- Try to take photographs of the hazard that caused the accident, and any other relevant images.
- Visit a hospital or emergency clinic to have your injuries treated by a medical professional.
- Make sure that you have informed your Airbnb host that the accident took place, you can also contact Airbnb and inform them of the accident.
- Begin to document any losses, financial or otherwise, that you have incurred due to your injuries.
Taking steps such as those above, makes the task of processing your claim more liable to be successful. Call Legal Expert to start your claim today, using the number at the end of this page.
What Can I Include In My Airbnb Injury Lawsuit?
If you are going to make a compensation claim for an Airbnb personal injury, the compensation you receive will consist of a number of types of damages, such as:
- General damages – these are the types of damages paid for the physical aspects of your claim. This could include compensation for a permanent disability, long and painful recuperation, psychological injuries such as PTSD or depression, mental trauma or pain and suffering.
- Special damages – these are the types of damages paid for the non-physical aspects of your claim. This could include long-term loss or income, short-term loss of earnings, care costs, medical fees, or travel fees.
To find out just what types of damages you could be able to claim, call Legal Expert on the number down at the bottom of this guide.
I Was Injured At My Airbnb, How Much Compensation Could I Claim?
The compensation paid for personal injury claims is generally different from claim to claim. The table below lists the compensation amounts applicable to a range of injuries based on the UK judicial guidelines:
| Injury | Severity | Info | Payment Range |
|---|---|---|---|
| Neck | Minor to severe | Injuries from minor tissue damage such as cuts and abrasions, through sprains to the neck muscles or fracture to the neck vertebrae, to complete loss of mobility of the neck. | Up to £130,085 |
| Toe | Moderate to severe | From minor tissue damage, abrasions, bruising and lacerations, through dislocations and broken toes, through to complete loss of just one or more of the toes. | Up to £49,145 |
| Ankle | Minor to severe | From minor tissue damage, cuts, lacerations and bruises, through muscle and tendon sprains, to breaks of the ankle bones, to complete loss of mobility of the ankle. | Up to £61,145 |
| Foot | Minor to very severe | From minor soft tissue damage, cuts, lacerations and bruises, through broken foot bones, sprains and nerve damage, to complete loss of one or both feet. | Up to £96,145 |
| Leg | Minor to severe | From minor tissue damage such as cuts, lacerations, abrasions and bruises, through breaks to the large or small bones of the leg, through to complete loss either above or below the knee of the leg. | Up to £119,245 |
| Hand | Minor to serious | From minor soft tissue damage, cuts, lacerations and bruises, through broken hand bones, sprains and nerve damage, to complete loss of one or both hands. | Up to £54,305 |
| Wrist | Minor to severe | From minor tissue damage, cuts, lacerations and bruises, through muscle and tendon sprains, to breaks of the wrist bones, to complete loss of mobility of the wrist. | Up to £4,185 |
| Arm | Moderate to severe | From minor tissue damage such as cuts, lacerations, abrasions and bruises, through breaks to the large or small bones of the arm, through to complete loss either above or below the elbow of the arm. | Up to £114,835 |
| Finger | Minor to severe | From minor tissue damage, abrasions, bruising and lacerations, through dislocations and broken fingers, through to complete loss of just one or more of the fingers. | Up to £21,945 |
| Thumb | Minor to severe | From minor tissue damage, abrasions, bruising and lacerations, through dislocations and broken thumbs, through to complete loss of just one or both or the thumbs. | Up to £48,045 |
| Back | Minor to severe | Injuries from minor tissue damage such as cuts and abrasions, through sprains to the neck muscles or fracture to the back vertebrae, to complete loss of mobility of the back. | Up to £141,175 |
For a more accurate estimate of how much you might be able to claim if you were injured in Airbnb, call Legal Expect on the number below.
No Win No Fee Airbnb Guest Injury Claims
Legal Expert can help any accident victim to claim compensation using our No Win No Fee national claims service. We won’t charge you a thing to begin your claim, and we won’t charge you a thing while we process your claim. Furthermore, if we fail to make a successful claim for you, we charge nothing at all. If we do win and receive a compensation payment on your behalf, we will take our pre-agreed fee from the money received, and give you the rest.
Why Make An Airbnb Personal Injury Claim With Legal Expert?
If you need to make a claim for an Airbnb guest injury, there are some compelling reasons why you should use Legal Expert to process your claim. Firstly, we can provide you with full No Win No Fe representation, you pay nothing until you win your claim. Secondly, we always try to get you the most compensation you deserve. And thirdly, whenever you communicate with us, we will always use plain and simple English without any legal jargon at all.
Speak To Our Team Today
Are you ready to engage Legal Expert as your personal injury solicitor to process a compensation claim on your behalf? If so, call us today on 0800 073 8804. When you do, one of our team will ask you some questions so we can come to understand your claim. Once we do, we will offer you some free legal advice on what to do next.
Helpful Resources And Further Information
You can find the full Airbnb terms of service at this link:
The UK Government has published full information about the Occupiers Liability Act at this link below:
Occupiers Liability Act information
At the link below, you will find a guide to claiming compensation for an accident in a hotel:
A guide to hotel accident claims
At the link below, you will find a guide to claiming compensation for an accident abroad:
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