Premises Liability for Airbnb and Short-Term Rentals in WA

 

Staying in an Airbnb or short-term rental is supposed to feel safe, comfortable, and easy. When you’re injured instead, whether from a fall, a fire hazard, or another dangerous condition, the experience can be confusing and overwhelming. Many injured guests are left wondering who is responsible and whether they have any legal options at all. Airbnb premises liability cases raise unique questions under Washington law, but injured guests do have rights.

At Brett McCandlis Brown & Conner, we represent people across Washington state who have been hurt because a property owner failed to keep their rental safe. With decades of experience handling serious injury claims, we help injured guests understand how premises liability applies to Airbnb and other short-term rentals and what steps they can take to protect themselves.

What Are Common Airbnb Accidents?

Airbnb and short-term rental injuries often happen because a property was not properly inspected, maintained, or equipped with basic safety features. Some of the most common Airbnb injuries we see stem from the following:

  • Slip and fall accidents,
  • Poor lighting,
  • Fire hazards,
  • Electrical problems,
  • Structural issues, and
  • Inadequate security.  

When a host fails to address known dangers, injured guests may have grounds to pursue a premises liability claim.

How Do Rental Premises Liability Cases Work?

Washington law generally treats guests staying in an Airbnb or other short-term rental as invitees, not licensees. This distinction matters because property owners owe invitees the highest duty of care. Hosts must take reasonable steps to inspect the property, fix dangerous conditions, and warn guests about hazards.

Unlike social guests, invitees can expect the property to have been reasonably checked for safety. When a host fails to correct known dangers or fails to discover hazards that a reasonable inspection would have revealed, they may be held liable for resulting injuries.

To prove negligence, an injured guest must show that a dangerous condition existed and that the responsible party knew or should have known about it. Evidence commonly used in Airbnb premises liability cases may include:

  • Photos or videos showing the hazardous condition;
  • Maintenance, repair, or inspection records;
  • Prior complaints or reports from other guests;
  • Witness statements; and
  • Building code or safety violations.

By establishing negligence, an injured guest may recover damages for medical expenses, lost income, and other losses resulting from the injury.

Who Can I Hold Responsible?

Responsibility for an injury at an Airbnb or short-term rental depends on who controlled the property and who was responsible for keeping it safe. In many cases, more than one party may share liability under Washington law:

  • The host or property owner. Hosts are generally responsible for inspecting the property and repairing dangerous conditions.  
  • Property managers or management companies. If a third-party company handled maintenance, inspections, or safety issues, it may share responsibility for unsafe conditions that caused the injury.
  • Homeowners associations or other entities. Injuries that occur in shared or common areas, such as parking lots or stairwells, may be the responsibility of a homeowners’ association or another entity tasked with maintaining those spaces.
  • Contractors or manufacturers. In some cases, liability may extend to contractors who performed negligent repairs or manufacturers whose defective products caused the injury.

Airbnb often claims it is only a booking platform, but determining whether it plays any role requires a careful review of the specific facts. 

What Steps Should I Take After an Injury at a Short-Term Rental?

What you do after an injury at an Airbnb or short-term rental can directly affect your health and your ability to pursue a legal claim. Taking these steps can help protect both:

  • Get medical care immediately. Your health should always come first. Even minor injuries can worsen over time, and prompt medical treatment creates documentation linking your injuries to the rental property incident.
  • Document the hazardous condition. If you are physically able, take photos or videos of the condition that caused your injury, such as broken steps, poor lighting, or missing safety equipment. Try to capture the scene before the hazard is repaired or altered.
  • Report the injury to the host and platform. Notify the property owner or host as soon as possible and report the incident through Airbnb or the booking platform. Keep copies of all messages and confirmations in case details are later disputed.
  • Preserve physical evidence. Save the clothing and shoes you were wearing at the time of the injury, as well as any damaged personal items. Avoid washing or discarding them until you receive legal guidance.
  • Be cautious with insurance companies. Insurance adjusters may contact you quickly and ask for statements or releases. You are not required to provide recorded statements or sign documents without understanding how they may affect your claim.
  • Consult a rental premises liability lawyer. Speaking with a Seattle personal injury lawyer early allows you to understand your rights, identify who may be responsible, and avoid mistakes that could weaken your claim. A lawyer can also handle communications with insurers so that you can focus on healing.

Taking these steps can help preserve evidence and prevent common tactics insurance companies use to deny or reduce claims. 

How Can a Premises Liability Lawyer Help Me?

Airbnb injury claims are rarely straightforward. Multiple parties may deny responsibility, and insurance companies often try to minimize payouts or shift blame to the injured guest.

When you work with a premises liability lawyer, we can help by:

  • Investigating the property and identifying all liable parties,
  • Gathering evidence to prove negligence,
  • Handling communication with insurance companies,
  • Calculating the full extent of your losses,
  • Filing your claim within the statute of limitations, and
  • Negotiating for fair compensation or taking the case to court if necessary.

At Brett McCandlis Brown & Conner, we understand how Washington’s premises liability laws apply to short-term rentals. We know how to push back when insurers argue that injuries are the guest’s fault.

Contact Brett McCandlis Brown & Conner for Help After an Airbnb Injury

An injury at an Airbnb or short-term rental can disrupt every part of your life. Washington law gives injured guests the right to hold negligent property owners accountable.

Brett McCandlis Brown & Conner has recovered over $100 million for injured clients across Washington state. We work on a contingency-fee basis, which means there are no upfront costs and no fees unless we recover compensation for you. 

If you were hurt while staying at an Airbnb or short-term rental in Washington, we can help you understand your options and protect your rights. Contact us today to schedule a free consultation.

Why Choose Brett McCandlis Brown & Conner PLLC

We help you get the best possible medical care available.
We help you get your medical bills paid.
We create a fund for future medical bills.
We get you fully compensated for your property loss.
We help you hold the insurance companies responsible.

Contact Us

Thank you for your interest in contacting us here at Brett McCandlis Brown & Conner. Please use the contact form on this page to get in touch or any of the methods listed below. We look forward to hearing from you.

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