For weeks or even months, you may have been counting down the days to your vacation at an Airbnb property. You likely thought of all the activities you’d do, where you’d eat, and what you’d pack. But you probably never once thought about what to do if you are hurt while staying at an Airbnb.

Airbnb properties are becoming a more frequent choice for travelers headed near and far. They can provide more space and make you feel more at home than a hotel. However, it’s up to the property owner as to how well-maintained that space you’re renting for your trip.

If you are injured while there, you need to know who is liable if you need to make a claim for financial compensation.

Who Is Liable If Get Hurt During My Airbnb Stay?

The owner of the property may be liable for the injuries you sustain during your Airbnb stay. Airbnb also offers something called Airbnb Host Protection Insurance. This coverage pays up to $1 million to injured guests when they get hurt during a stay, though this injury must be shown to be the result of negligence on behalf of the property owner.

Under premises liability law, if you are injured on the Airbnb property during your stay, you may be able to hold the property owner liable for negligence. If they failed to repair or correctly warn about unsafe conditions that ultimately led to your injury, this would make them liable.

Who Can I Sue If I’m Hurt During an Airbnb Stay?

If you were injured while staying in an Airbnb, you may be able to sue the owner of the Airbnb property. However, it must be shown that they were negligent in some way. In other words, the accident occurred because the property owner didn’t do something they should have done to keep their property safe for guests.

As an example, if the property owner knew the handrail on their stairs was loose and did not fix it and it gave way, causing you to fall, they would be liable. When you can show that the accident was due to the property owner’s negligence, then they have a legal obligation to compensate you for the damages you’ve suffered.

Unfortunately, that might be more complicated than you’d think. The Airbnb host or property owner may not have the resources to pay your claim. However, you can make a claim for compensation by going through the Airbnb Host Protection Insurance. There are a few stipulations though that this policy will not cover. It does not apply if your host commits intentional harm, nor does it cover mold or pollution-related injuries.

In the event that the host can’t or won’t pay or Airbnb refuses to fairly pay you, you can file a claim against the host and Airbnb for refusing to adhere to the conditions stated in its policy.

Bear in mind that if you were hurt due to your own negligence, you cannot hold the property owner or Airbnb liable for your injuries.

What to Do If You’re Hurt While Staying at an Airbnb

As you would in any location, if you are hurt while you are on a trip where you are staying in an Airbnb property, you need to seek medical attention immediately. It’s important to do this quickly as it connects your accident with the Airbnb stay.

Additionally, you need to document everything. At the hospital or urgent care center, the doctors will put notes about your injury in their files. These can be helpful for showing how you were injured and proving that the owner of Airbnb was liable. Take photos and videos of the scene at the time of your injury too. If you are unable to do so yourself, have your travel companions capture photos from every angle.

After getting medical attention, you will need to notify the owner of the Airbnb property and let them know that you have been hurt. You will also want to make a claim through Airbnb Host Protection Insurance. In this way, you can be compensated for your medical bills and other damages you suffer from the injury you sustained due to someone else’s negligence.

Settlements may not offer you as much as you wind up spending, which is why it’s a good idea to speak to an experienced personal injury attorney. If you have been injured while staying at an Airbnb, contact Atlanta personal injury lawyers at Henningsen Injury Attorneys, P.C. to find out the next steps to take.