In recent years, short-term rentals like Airbnb and VRBO have exploded in popularity across Los Angeles. From trendy apartments in downtown LA to scenic homes near the beach, millions of visitors turn to these platforms for flexible, affordable lodging. But while short-term rentals offer convenience, they don’t always offer safety.
Unfortunately, guests can suffer serious injuries due to unsafe property conditions, negligence, or poor maintenance. Whether it’s a loose handrail, slippery floors, exposed wiring, or a poorly maintained pool, accidents can — and do — happen. And when they do, the question becomes: Who is legally responsible?
Can you sue the Airbnb host? What about the property owner or the Airbnb platform itself? The answer depends on the specific circumstances of your case — including how the injury happened, who was responsible for maintaining the property, and whether proper safety precautions were taken.
In most cases, the host—whether they own the property or are a tenant subletting it—is the first party to consider. Under California premises liability law, hosts have a legal duty to maintain the rental in a safe condition. This includes fixing known hazards, conducting regular inspections, and warning guests about any dangers they may not immediately recognize (like broken stairs or faulty locks).
If the host fails in this duty and their negligence leads to your injury, they may be personally liable for your damages.
Sometimes, responsibility extends beyond the host. For example:
California premises liability law states that any person or entity in control of a property can be held legally responsible if someone is injured due to unsafe conditions. This applies whether you're staying in a luxury Airbnb or a casual guesthouse in Los Angeles.
To succeed in a premises liability claim, you typically need to show that:
Many guests assume Airbnb itself will take responsibility for injuries — but this is rarely the case. Airbnb acts primarily as a platform, connecting hosts and guests, and generally includes broad legal disclaimers in its terms of service to protect itself from liability.
That said, there are limited exceptions, especially if:
In most situations, though, your claim will be against the host and their insurance, not Airbnb as a corporation.
Airbnb offers Host Protection Insurance that provides up to $1 million in liability coverage per occurrence. This policy is designed to protect hosts in the event a guest is injured on their property and files a claim.
It may cover:
Airbnb’s insurance policy has many exclusions and limitations. Some common scenarios that may not be covered include:
Because Airbnb is not always directly liable — and because its insurance program prioritizes protecting hosts, not guests — you may still need to pursue legal action against:
Anyone who owns, leases, or controls a property — including Airbnb hosts — has a legal obligation to keep the premises reasonably safe for guests. This includes inspecting for hazards, fixing unsafe conditions, and warning about known dangers. This duty of care applies whether you're renting for one night or one month.
You must show that the host or property manager failed to meet their duty. Common examples of negligence include:
It’s not enough that a hazard existed — you must prove that it directly caused your injury. For instance, if you slipped on a loose rug that wasn’t secured or fell due to a poorly lit staircase, you’ll need evidence linking the dangerous condition to the accident.
This can include:
Finally, to receive compensation, you must show that the injury resulted in actual losses. These can include:
Your health comes first. Even if your injuries seem minor, you should see a doctor or visit the emergency room right away. Some injuries — like head trauma or internal injuries — may not show symptoms immediately. Plus, having timely medical documentation will help link your injuries directly to the incident, which is crucial for your claim.
Before the hazard is repaired or cleaned up, take detailed photos or videos of the area where the injury happened. Capture:
Get the full name, phone number, and email of the host or property manager. If anyone witnessed the accident — other guests, neighbors, or employees — ask for their contact information as well. Witness testimony can be invaluable in proving liability later.
Use the Airbnb app (or the platform you booked through) to report the injury as soon as possible. This creates an official record and may trigger Airbnb’s internal claims process or insurance coverage. Be factual in your report, but do not downplay your injuries.
The host or their insurance company may try to offer you a quick settlement — or ask you to sign a waiver. Don’t agree to anything without speaking to a lawyer first. These offers are often far less than what your case is truly worth, and signing the wrong document could waive your right to sue.
The sooner you speak with an attorney, the better. A personal injury lawyer can:
Staying at an Airbnb or short-term rental in Los Angeles should feel safe — but when a host or property owner fails to maintain a secure environment, the consequences can be life-changing.
If you’ve been injured due to negligence at a rental property, you have legal rights. Don’t assume Airbnb or the host will do what’s fair. Their insurance policies may be limited, and their priority is often protecting their own interests — not yours.
That’s why it’s critical to consult with an experienced personal injury attorney who knows how to navigate short-term rental claims and premises liability laws in California. At Tim D. Wright Law, we fight to make sure you’re not left with the physical, emotional, and financial burden of someone else’s carelessness.
We’ll help you understand your options, protect your rights, and pursue the full compensation you deserve — so you can focus on healing and moving forward.
Personal Injury Office:
📍 1112 W. Burbank Blvd., Suite 302
Burbank, CA 91506
📞 Phone: (323) 379-9995
✉️ Email: firm@timwrightlaw.com
🌐 Website: https://www.timwrightlaw.com
