What to Do If You’re Injured at an Airbnb

September 9, 2025

If you are injured at a short-term rental, you should document everything about your injury and the property, understand who is legally responsible, and report the incident to the rental platform. Unlike a hotel, determining liability involves untangling the responsibilities of the property owner (the host) and the booking platform (like Airbnb or Vrbo). While platforms like Airbnb offer insurance, it has specific limitations and may not cover all your damages. Taking the right steps builds a strong foundation to pursue compensation for your medical bills, lost wages, and pain.

If you have a question about an injury you sustained at a short-term rental, call Wapner Newman for a free consultation at (215) 569-0900.

Who Is Actually Responsible for Your Injury?

When an injury occurs at a rental property, figuring out who to hold accountable is complicated. The responsibility could lie with the property owner, the booking platform, or it might be shared.

The Property Owner (The Host)

At the heart of any injury claim at a rental property is the legal concept of premises liability. Simply put, a property owner has a fundamental responsibility to keep their property reasonably safe for guests. This responsibility is known as a duty of care. It means the host must fix known hazards or, at the very least, warn guests about them. When they fail to do this, it may be considered negligence.

Examples of host negligence include:

Broken stairs or faulty railings.
Slippery floors without a warning sign.
Unsafe electrical wiring or malfunctioning appliances.
Failure to install legally required safety devices. Many Airbnb listings reportedly lack carbon monoxide detectors.

You (The Guest) and Pennsylvania’s Rule

Pennsylvania follows a legal rule called modified comparative negligence. This concept means that if you are found to be partially at fault for your own injury, your compensation may be reduced by your percentage of fault. If a court determines you were more than 50% responsible for the accident, Pennsylvania law bars you from recovering any damages at all.

For example, if you were injured by slipping on a wet floor near a pool, the host’s insurance company might argue that by running in a clearly marked “no running” zone, you share some of the blame. Our role is to examine all the evidence to ensure no amount of fault is unfairly placed on you.

What Are the First Steps You Should Take From Home?

1. Organize Your Evidence

Photographs and Videos: Review your phone for any pictures or videos you took of the hazard that caused your injury, the surrounding area, and your injuries themselves. Time-stamped images are especially powerful.
Written Communication: Gather and save all forms of communication with the host and the rental platform. This includes emails, in-app messages, and text messages.
Booking Confirmation: Locate and save your rental confirmation. This document officially establishes the dates of your stay and the rental agreement.

2. Create a Timeline of Events

Memory fades, so write down a detailed account of the incident as soon as possible. Include the date and time of the injury, what you were doing right before it happened, who else was there, and the immediate actions you took. This narrative will be an invaluable reference.

3. Track Your Medical Treatment and Expenses

Begin a dedicated file for all documents related to your injury. This should include medical bills of your personal injury, doctors’ notes, hospital records, and receipts for prescriptions or medical equipment. It is also helpful to keep a simple journal to document your pain levels and describe how the injury affects your daily life.

4. Report the Incident to the Platform

You must formally report your injury through the official channels provided by the rental platform, such as Airbnb’s Resolution Center. When you do this, stick to the objective facts. Avoid speculating about who was at fault or admitting any blame. This creates an official record that is tied to your stay.

5. Do Not Give a Recorded Statement to an Insurance Adjuster

An insurance adjuster from the host’s policy or the platform’s policy will likely contact you. Their job is to investigate the claim on behalf of their company, and they are trained to look for information that could reduce the value of your claim. It is in your best interest to politely decline to provide a recorded statement until you have had the opportunity to consult with an personal injury attorney.

What Kinds of Compensation Can You Pursue?

When you are injured due to someone else’s negligence, the law allows you to seek compensation, legally known as “damages,” for the financial and personal losses you have suffered.

Medical Expenses: This covers all costs related to your medical care, from the initial emergency room visit and hospital stay to ongoing needs like physical therapy, medication, and any future medical treatment your doctors anticipate.
Lost Income: If your injury forces you to miss work, you pursue compensation for the wages you have lost. If the injury permanently impacts your ability to earn a living, you may also recover for loss of future earning capacity.
Pain and Suffering: Pennsylvania law allows injury victims to seek compensation for the physical pain and emotional distress resulting from their injuries. This acknowledges the non-financial toll an accident takes on your life.
Property Damage: If any of your personal belongings were damaged in the incident, such as a smartphone, watch, or laptop, the costs to repair or replace those items may also be included in your claim.

Frequently Asked Questions About Short-Term Rental Injuries

Do I have a case if I was injured but there wasn’t an obvious hazard?

You might. Property owners are responsible for hazards they knew about or should have known about through reasonable inspection and maintenance. A hazard does not have to be as obvious as a broken step to be considered negligence. Hidden dangers, like faulty wiring or a poorly secured rug, are also grounds for a claim.

What if the host tries to blame me for the accident?

As mentioned earlier, Pennsylvania’s comparative negligence rule allows for shared fault. Insurance companies try to argue that the injured person was careless to reduce their payout. It is our job to build a strong case based on evidence to counter these arguments and protect your right to fair compensation.

Does the City of Philadelphia have specific rules for short-term rentals?

Yes. The City of Philadelphia has a Short-Term Rental Ordinance that requires hosts to obtain proper licenses and permits. These regulations also mandate that rental properties meet the city’s housing safety codes, which are in place to protect guests from unsafe conditions.

How long do I have to file a personal injury claim in Pennsylvania?

For most personal injury cases in Pennsylvania, you have two years from the date the injury occurred to file a lawsuit. While there are some exceptions, this is a strict deadline, and failing to act within that timeframe will likely result in losing your right to pursue compensation.

Let Wapner Newman Clarify Your Next Steps

You should not have to pay out of pocket for a host’s negligence. Let us help you hold the responsible parties accountable.

Call us today for a free, no-obligation discussion about your case at (215) 569-0900.