Understanding Airbnb Accountability And Premises Liability

What Is Premises Liability?

Premises liability is an area of law where property owners have a duty of care to maintain reasonably safe conditions at their properties at all times. These laws apply to homeowners, hotels, resorts, and short-term Airbnb rental properties. 

Airbnb property owners should ensure their properties are:

• Free from any hazards
• Repaired once hazards are discovered
• Inspected regularly
• Kept safe with routine maintenance

Property owners should also warn guests of potential risks using appropriate signage and labels. 

Airbnb Hosts: Your Legal Responsibilities In Colorado

In addition to providing a duty of care to your guests as an Airbnb host, you must follow specific Airbnb rules in Colorado and meet other legal responsibilities depending on the location of your rental property. For instance, in Denver, all Airbnb hosts must obtain a license for their short-term rental, have the appropriate insurance, and meet zoning requirements. 

The property must have a fire extinguisher, carbon monoxide detector, and smoke detectors. The property owner must also have the appropriate liability, fire, and hazard insurance. 

Colorado-Specific Regulations Or Laws Regarding Rental Properties

There are several Colorado-specific regulations and laws relating to short-term rental properties in the state:

• Taxes: Airbnb hosts are required to collect the appropriate state and local sales taxes and lodging taxes.
• Rental licensing: While the state currently does not require mandatory licensing, local municipalities may like Denver. 
• Business licensing: All Airbnb hosts must apply for and obtain a business license. 
• Insurance: It is recommended that all Airbnb hosts have the appropriate short-term rental liability insurance coverage and Airbnb’s Host Insurance.
• Waste and noise: Airbnb hosts need to provide guests with the appropriate information about waste disposal and noise laws and regulations. 

The Role Of Airbnb’s Host Guarantee VS. Personal Insurance

Airbnb hosts have a few different liability insurance options. All hosts should have personal insurance and liability coverage for their rental homes. However, this personal homeowner’s insurance is often not sufficient. 

Airbnb does offer Host Liability insurance, which provides up to $1 million in liability protection for guests staying at an Airbnb rental. This insurance is provided whenever there is an active rental at the property. It protects the guests, not the owner, and covers any injuries and property damages when the owner was negligent and failed to provide a duty of care. 

Yet, Airbnb may attempt to shift responsibility back to the property owner. As such, property owners should also consider having landlord insurance, which will provide added protection for the owner to cover property damages and other losses. 

Common Injuries At Airbnb Properties: Legal Risks For Hosts

The most common accidents at Airbnb properties are slips, trips, and falls. This can lead to broken bones, head injuries, or other complications. They can occur due to:

• Loose railings or steps on staircases
• Loose or damaged carpeting
• Defective, uneven, or damaged flooring
• Slippery floors, stairs, and sidewalks
• Uneven or damaged sidewalks and entryways
• Poor lighting 

Electrical injuries and burns have also occurred. Additionally, more severe and catastrophic injuries could occur from ceiling, balcony, and deck collapses.  

Legal Options For Airbnb Guests Injured In Colorado

Airbnb guests injured at Colorado rental properties have a few different legal options:

• File a claim against Airbnb: You must establish the owner was negligent and failed to provide a duty of care that resulted in your injuries and losses. 
• File a claim against the owner: When Airbnb says they will not provide coverage, another option is to file against the owner’s landlord insurance or personal insurance.

Airbnb often disputes injury claims because they do not own the rental properties, like when you stay at a hotel or resort. They also have no control over owners and them performing inspections and keeping up with maintenance. So, it can be challenging to sue Airbnb without assistance from qualified Airbnb injury lawyers in Colorado. 

Time Limit For Filing An Injury Claim In Colorado

The statute of limitations for filing an Airbnb injury liability claim in Colorado is two years from the date the accident took place. Initiating your injury claim as soon as possible is highly advisable to ensure you protect your legal rights. There can be exceptions in certain cases, like when a minor was the one injured. 

The Role Of Insurance In Guest Injury Claims

Airbnb’s Host Liability insurance provides monetary compensation to guest injury claims that cover:

• Medical bills
• Lost wages
• Pain and suffering
• Property damage
• Loss of consortium or companionship
• Rehabilitation costs
• Mental health recovery costs

How Airbnb’s Insurance And Host Guarantee Work 

Airbnb Host Guarantee is not insurance coverage but does provide some damage protections to landlords when guests damage their short-term rentals. Many people get this confused with Airbnb’s Host Liability insurance, which is specific coverage for injured guests, and the landlord is responsible for their injuries. Both products require filing a claim with Airbnb and providing sufficient evidence for your losses. 

Contact Our Colorado Premises Liability Attorneys

If you are injured at a Colorado Airbnb and believe the owner was negligent, it is vital to speak with a qualified premises liability attorney as soon as possible. At Bachus & Schanker, we have the expertise and knowledge to assist you in filing your injury claim and ensuring you receive fair compensation for your injuries and losses. We understand all current state-wide and local short-term rental laws and regulations. 

Airbnb Accountability FAQs

Understanding Your Rights And Responsibilities With Airbnb In Colorado

When renting an Airbnb property in Colorado, you have specific rights. When the owner fails to meet their duty of care, and you are injured, you can take legal action against the property owner and Airbnb with assistance from a qualified Airbnb injury attorney. 

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