What If I’m Hurt at an Airbnb or Short-Term Rental?
Short-term vacation rentals like Airbnb and Vrbo have exploded in popularity. But what happens when a relaxing weekend getaway becomes a nightmare because of a serious injury on the property? If you or a loved one has been catastrophically injured while staying at an Airbnb or other rental property in New Jersey, you may be wondering who’s responsible and whether you have a legal case.
If you’ve been injured, you may have legal recourse; speak to a New Jersey personal injury attorney today.
The Common Causes of Injury at Airbnb and Short-Term Rentals
One issue with short-term rentals is the lack of oversight and maintenance compared to commercial hotels. Hosts may be inexperienced, corners may be cut, and properties may not meet local safety codes. This increases the risk of serious accidents like:
- Slip and falls on broken steps, loose rugs, or wet floors
- Structural collapses, such as broken balconies or railings
- Fire or carbon monoxide poisoning due to missing or broken alarms
- Swimming pool accidents, especially when no fencing or supervision is in place
- Assaults or criminal activity due to poor security or lack of guest screening
- Falling objects, like unsecured shelves, ceiling fans, or fixtures
When these hazards result in catastrophic injuries, which can cause traumatic brain injuries, spinal cord damage, broken bones, or wrongful death, victims and their families should consider pursuing a lawsuit.
Who Can Be Held Liable for an Airbnb Injury in New Jersey?
Liability in an Airbnb or rental property injury can be complex, as several parties may bear legal responsibility. This liability depends on the circumstances of the accident, but it can include:
The Property Owner or Host
In most cases, the owner or person renting out the property (the “host”) has a duty to keep the premises reasonably safe for guests. Under New Jersey’s premises liability laws, this includes:
- Repairing known hazards
- Performing routine maintenance
- Warning guests about unsafe conditions they can’t fix right away
If the host fails to meet these duties and you’re injured as a result, they may be legally responsible for your damages.
The Property Management Company
If the property is operated or maintained by a property management company, they may share liability, especially if their negligence contributed to unsafe conditions (e.g., failure to fix broken handrails or provide adequate lighting).
The Rental Platform (Airbnb, Vrbo, etc.)
Platforms like Airbnb typically try to limit their legal exposure by labeling their hosts as “independent contractors.” However, there are some exceptions.
Airbnb’s Host Protection Insurance may provide up to $1 million in liability coverage per occurrence, but it doesn’t cover all situations. Airbnb may also be liable if it failed to act on prior complaints about the property or knowingly allowed a dangerous host to continue renting out their property.
What Does Airbnb’s Insurance Cover?
Airbnb provides two programs related to guest injuries:
1. Host Protection Insurance
This covers hosts against liability claims, including bodily injury or property damage. Coverage may apply if:
- You slipped on an unsafe staircase
- A balcony railing collapsed
- A fixture fell and caused injury
However, Airbnb’s insurance is secondary, meaning other applicable insurance (like a homeowner’s or landlord policy) may come into play first. Coverage may also be denied for certain types of injuries or if the host has violated Airbnb’s policies.
2. AirCover for Guests
Airbnb markets “AirCover” as added peace of mind for guests, but it’s not a legal insurance policy — it’s mostly a customer service program. AirCover does not cover your medical bills or compensate you for pain and suffering.
This is why filing a personal injury claim is often the best way to pursue full compensation.
Do I Have a Personal Injury Case?
If you’ve suffered a serious injury at a short-term rental, ask yourself these questions:
- Was the property unsafe or poorly maintained? Photos, witness statements, and repair records can help establish this.
- Did the host fail to warn you about known dangers? Hosts must warn you about hazards such as steep stairs, faulty locks, or broken furniture.
- Did your injuries require medical treatment or lead to long-term consequences? Significant injuries may qualify for substantial damages.
- Was your injury caused by another guest or by criminal activity? You may still have a case if the host failed to provide adequate security.
Because every case is unique, it’s best to speak with a knowledgeable New Jersey personal injury attorney as soon as possible. At Eichen Crutchlow Zaslow, we offer free consultations and can quickly assess whether you have a strong claim.
What Compensation Can I Recover?
If your injury was caused by negligence, you may be entitled to recover damages for:
- Medical bills (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Disfigurement or disability
- Loss of consortium (for spouses or family members)
- Wrongful death damages (if a loved one was killed)
Why You Need a New Jersey Personal Injury Lawyer
Airbnb injury claims often involve multiple parties, overlapping insurance policies, and corporate defense teams. Without strong legal representation, you could end up with far less than you deserve, or nothing at all.
At Eichen Crutchlow Zaslow, we’ve been standing up for injured victims and their families in New Jersey for decades, and we’ve won billions for our clients. We know the tactics that insurers and big platforms use to avoid paying, and we know how to fight back.
Get the Help You Need Today
If you or someone you love has been catastrophically injured at an Airbnb or short-term rental in New Jersey, don’t wait to get legal guidance. You may have limited time to file a lawsuit under New Jersey’s statute of limitations. Let us handle the legal burden while you focus on recovery. We’re here to protect your rights, pursue justice, and help your family move forward. Contact our legal team today for a free consultation. We’re available 24/7, and you pay nothing unless we win.