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03/11/25   |   By

Who Is Responsible for an Injury at an Airbnb in Washington, DC?

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In recent years, Airbnb has become an increasingly popular accommodation option for visitors to Washington, DC. While most stays are safe and enjoyable, accidents can happen. If you’ve been injured during your stay at an Airbnb in the nation’s capital, you may be wondering who is responsible for your injuries and what legal options are available to you. This comprehensive guide will walk you through the complexities of premises liability in DC Airbnb accidents, your legal rights, and the steps you should take to protect yourself.

 Premises Liability in DC Airbnb Accidents

Premises liability is a legal concept that holds property owners responsible for accidents and injuries that occur on their property due to negligence. In

Understanding Premises Liability in DC Airbnb Accidents

Washington, DC, this principle applies to Airbnb hosts as well.

The District of Columbia has specific laws and regulations governing short-term rentals like Airbnb. As of 2022, hosts in DC must:

  • Obtain a short-term rental license
  • Limit rentals to their primary residence
  • Cap rentals at 90 nights per year if the host is not present
  • Maintain proper insurance coverage

These regulations aim to protect the safety of guests and maintain the quality of life in residential neighborhoods.

Under DC law, property owners, including Airbnb hosts, have a duty to maintain their property in a reasonably safe condition. This includes:

  • Regular inspections of the property
  • Prompt repairs of any hazardous conditions
  • Adequate lighting in common areas
  • Proper security measures
  • Compliance with all building and safety codes

Failure to meet these responsibilities could result in the host being held liable for injuries on their property.

To operate legally in DC, Airbnb hosts must:

  • Install smoke detectors and carbon monoxide detectors
  • Provide fire extinguishers
  • Make sure all exits are clear and accessible
  • Post-emergency contact information
  • Comply with all zoning and housing code requirements

These measures are necessary for guest safety and can significantly reduce the risk of accidents and injuries. You may have grounds to take legal action and seek compensation if you were injured because a property owner or Airbnb host failed to take the necessary measures.

Legal Options for Injured Airbnb Guests in DC

If you’ve been injured during your stay at an Airbnb in Washington, DC, you have several legal options available:

  • Filing an insurance claim: Your first step may be to file a claim with Airbnb’s Host Protection Insurance. This policy provides up to $1 million in liability coverage for each stay. However, it’s important to note that this coverage has limitations and exclusions.
  • Pursuing a premises liability lawsuit: If the insurance claim doesn’t fully cover your damages, or if Airbnb denies your injury claim, you may need to consider filing a premises liability lawsuit against the host or property owner.

In a successful premises liability case, you may be entitled to compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Emotional distress
  • Permanent disability or disfigurement

It’s important to be aware of the statute of limitations in Washington, DC. For personal injury claims, like an airbnb injury claim, you generally have three years from the date of the injury to file a lawsuit. Missing this deadline could result in losing your right to seek compensation.

That doesn’t need to happen. If you hire a personal injury lawyer with experience handling premises liability claims in DC, they’ll file all paperwork and necessary documentation by all relevant deadlines. Our personal injury team will also help you better understand your options if you’re not sure whether you’re eligible to recover compensation after being injured at an Airbnb in DC.

Common Causes of Injuries in Washington, DC Airbnbs

Understanding the most common causes of injuries can help both guests and hosts prevent accidents. Some frequent causes include:

Slip and Fall Hazards

  • Wet or slippery floors
  • Uneven surfaces
  • Poor lighting on stairs or in hallways
  • Cluttered walkways

Structural Issues

  • Loose railings or banisters
  • Unstable furniture
  • Defective flooring

Fire Safety Violations

  • Lack of smoke detectors or fire extinguishers
  • Blocked fire exits
  • Faulty electrical wiring

Security Concerns

  • Inadequate locks on doors and windows
  • Lack of security cameras in common areas
  • Poor lighting in exterior areas

Poor Maintenance

  • Leaky pipes or roof
  • Mold growth
  • Pest infestations

Code Violations Specific to DC Properties

  • Non-compliance with DC’s stringent building codes
  • Failure to meet short-term rental licensing requirements
  • Violations of occupancy limits

That’s not necessarily a complete list of the ways someone can be injured while staying at a DC Airbnb. If you’ve been hurt at an Airbnb, and you’re not sure whether you’re eligible for compensation due to the nature or cause of your injuries, review your case with a premises liability attorney at Regan Zambri Long to learn more about potential options now.

Determining Liability in DC Airbnb Accidents

You must determine liability when seeking compensation after being injured at an Airbnb. Without sufficient evidence of liability, an insurance company or defendant may successfully avoid paying you what you deserve.

Establishing liability in an Airbnb accident can be complex. Multiple parties may be involved. Consider the following breakdown of responsibilities various parties involved in your case may have:

Property Owner Responsibility

The property owner is typically the primary responsible party for maintaining a safe environment. Their liability may depend on factors such as:

  • Their knowledge of the hazardous condition
  • Whether they took reasonable steps to address or warn guests of an issue
  • Whether a property owner complied with DC’s laws

Airbnb’s Role and Responsibility

Airbnb provides insurance coverage. However, the company generally maintains that it is not directly responsible for accidents that occur on host properties.

That’s not to say there are no exceptions. Airbnb may be held liable if they were negligent in vetting hosts or failed to respond appropriately to reported safety concerns.

Property Management Company Liability

A property management company may be involved in maintaining the Airbnb property. They could share liability for accidents resulting from poor maintenance or failure to address known hazards.

Guest Responsibilities

Guests also have a responsibility to exercise reasonable care during their stay. If a guest’s own negligence contributed to their injury, it could affect their ability to recover damages under DC’s contributory negligence law. Essentially, no one is typically responsible for covering the cost of a guest’s medical treatment and related expenses if they were injured due to their carelessness.

Third-Party Contractor Liability

In some cases, a third-party contractor (e.g., a cleaning service or repair company) may be liable if their negligence led to the injury.

Understanding Airbnb’s Insurance Coverage

Understanding Airbnb's Insurance CoverageAirbnb provides two main forms of protection for hosts and guests:

Host Protection Insurance

This liability insurance program provides up to $1 million in coverage per incident. It covers bodily injury or property damage claims that occur during an Airbnb stay.

Host Guarantee Program

This program offers up to $1 million in property damage protection for hosts. While it doesn’t directly benefit injured guests, it may indirectly encourage hosts to maintain their properties safely.

Coverage Limitations and Exclusions

It’s important to note that Airbnb’s insurance has several limitations and exclusions, including:

  • Intentional acts
  • Slander or defamation
  • Property issues (e.g., mold, bedbugs)
  • Auto accidents

Interaction with Property Owner’s Insurance

Airbnb’s coverage is generally secondary to the host’s homeowners or renter’s insurance. Guests may need to file claims with both insurers to seek full coverage of their damages.

DC-Specific Insurance Requirements

Washington, DC, requires short-term rental hosts to maintain liability insurance of at least $500,000. This is in addition to any coverage provided by Airbnb.

Steps to Take After an Accident at an Airbnb in Washington, DC

Take these important steps if you’re injured during an Airbnb stay in DC:

  • Document the accident scene: Take photos and videos of the hazardous condition that caused your injury.
  • Report the details to Airbnb: Use the Airbnb app or website to report the accident immediately.
  • Seek medical attention: See a doctor, even if your injuries seem minor.
  • Preserve evidence: Keep all medical records, receipts, and correspondence related to the accident.
  • Contact local authorities if necessary: Contact the DC police if you suspect criminal activity may have been involved in your injuries.
  • Communicate with the host: Inform the host about the accident. Avoid admitting fault or making accusations.
  • Consult with a DC premises liability attorney: An experienced lawyer can help protect your rights and guide you through the legal process.

Contact Our DC Airbnb Injury Attorneys

DC injury attorney Victor LongFighting for maximum compensation after being injured at a DC Airbnb isn’t a task you need to (or should) face alone. At Regan Zambri Long, you’ll find personal injury attorneys with experience handling cases like yours.

Get started with a free consultation. During a free case review, you’ll have the opportunity to learn more about your legal options and the compensation that may be available to you. If you hire us, we won’t charge upfront fees for our legal services as we enter into contingency fee agreements with our clients. With such an agreement, our fee is a percentage of the compensation a client receives, meaning we only get paid if you get paid.

Don’t worry if you’re not sure how to proceed after being injured at an Airbnb. Learn more about your options and how a personal injury lawyer can help now by contacting Regan Zambri Long online or calling our offices today.

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