Liability for an Airbnb injury in Massachusetts usually falls on the property owner, but depending on the circumstances, Airbnb itself or third-party contractors such as cleaners or maintenance providers may share responsibility. The specific answer depends on how the injury occurred and who had a legal duty to prevent it.
At Spada Law Group, our Massachusetts injury lawyers assist travelers and residents alike in understanding these complex liability issues. With offices in Chelsea, Newburyport, Peabody, Lawrence, and Springfield, our team helps break down who may be responsible when someone suffers harm at a short-term rental property.
Understanding Airbnb Injury Liability in Massachusetts
Airbnb rentals differ from hotels in that they are typically owned by private individuals rather than managed by large hospitality companies. This creates unique legal questions when injuries occur. Massachusetts law generally applies premises liability principles to determine who is responsible. Premises liability means that whoever controls a property has a duty to keep it reasonably safe for guests.
That duty includes addressing hazards they know about or reasonably should know about. When it comes to Airbnb properties, liability can involve several potential parties depending on the facts of the accident.
The Role of Property Owners
In most Massachusetts Airbnb injury cases, the property owner or primary host is the first potential defendant. This is because Massachusetts premises liability law holds property owners responsible for maintaining safe conditions for lawful visitors.
Examples of property owner negligence might include:
- Slippery floors. Failing to clean up or warn guests about a wet kitchen or bathroom floor. Such hazards can lead to serious falls, and a court may consider whether the owner knew about the condition.
- Defective stairs. Allowing broken steps or missing handrails to remain unrepaired. The law expects owners to repair hazards promptly to prevent foreseeable accidents.
- Poor lighting. Not replacing a burnt-out bulb in a dark hallway or stairwell. Insufficient lighting can make ordinary navigation unsafe, increasing liability risk.
- Structural hazards. Ignoring a rotting deck, loose floorboards, or faulty electrical wiring. Owners have a duty to maintain all structural elements to avoid injury to guests.
If a guest suffers injuries as a result of one of these unsafe conditions, the property owner may be held responsible for failing to make the property safe or warn guests of the danger.
Could Airbnb Be Liable?
Airbnb itself typically argues that it is just a platform connecting hosts and guests, not a property manager. However, Airbnb does provide Host Protection Insurance that can cover up to $1 million in liability claims. This insurance may apply when a property owner is legally responsible for an injury, although it does not guarantee coverage in every case.
Airbnb may face direct liability in limited circumstances, such as:
- Failure to vet hosts. If Airbnb knew a property or host had a history of unsafe conditions and failed to act. The platform’s knowledge of prior incidents can influence a court’s determination of negligence.
- Misrepresentation. If the listing on Airbnb materially misrepresented the property in a way that created unsafe conditions. Courts may consider whether the information provided could mislead guests about potential risks.
- Insurance disputes. If Airbnb improperly denies claims that should be covered under its policies. A denied claim may lead to litigation to determine the company’s responsibilities.
Although rare, there have been lawsuits against Airbnb itself. The company’s liability often depends on whether it had a role beyond simply serving as a booking platform.
Liability of Cleaning Companies
Many Massachusetts Airbnb hosts hire cleaning services to prepare their properties between guests. These contractors can play an important role in safety, since they may be the last ones in the property before new visitors arrive.
A cleaning company could be liable if:
- Hazards were ignored. Cleaners noticed a broken floor tile or loose rug but did nothing to correct or report it. Courts may find that such inaction constitutes negligence under premises liability principles.
- Unsafe practices. Cleaners left chemical products, equipment, or slippery floors without warning signs. Guests may be injured by hazards left by cleaning staff, potentially creating liability for the contractor.
- Improper sanitation. Negligent cleaning that led to illness, such as leaving mold or failing to sanitize bathrooms properly. Injuries resulting from poor hygiene can be grounds for a personal injury claim.
In such situations, liability could extend beyond the property owner to the cleaning service itself.
Maintenance Contractors and Repair Companies
Similarly, outside contractors who perform repairs or maintenance can bear responsibility if their work creates or fails to address hazards. For example:
- Electrical contractors. This could look like a contractor performing faulty wiring work that leads to shocks or fire hazards. Guests may suffer serious harm if contractors fail to meet safety standards.
- Plumbers. Plumbers may install fixtures incorrectly, causing leaks and slippery conditions. Water damage or pooling can create dangerous slip hazards for visitors.
- Carpenters. Carpenters could neglect to properly secure handrails, decks, or stairs. Improperly installed structures are often a significant factor in injury claims.
Under Massachusetts law, liability may extend to contractors when their negligence directly causes a guest’s injury.
Massachusetts Premises Liability Law and Airbnb Injuries
Massachusetts law requires that property owners keep their premises reasonably safe for lawful visitors, including Airbnb guests. Under MGL c. 231, § 85, Massachusetts follows a modified comparative negligence rule. This means an injured person can recover damages as long as they are less than 51% at fault for the accident.
For example:
- If a guest slipped on a poorly lit staircase but was also texting on their phone while walking, a jury might assign partial fault
- If the guest is found 30% at fault, any recovery would be reduced by 30%
This rule ensures that liability is shared fairly between parties when multiple factors contribute to an injury.
Common Types of Airbnb Injuries in Massachusetts
Airbnb-related injuries can range from minor to severe, depending on the condition of the property. Common scenarios include:
- Slip and fall accidents. Wet floors, icy walkways, or uneven steps can cause falls that lead to broken bones, sprains, or concussions. These incidents are the most frequent type of Airbnb injury.
- Burns and electrical shocks. Unsafe appliances, faulty wiring, or lack of smoke detectors may create serious fire or electrical hazards. Injuries of this type can have long-term consequences for victims.
- Structural failures. Collapsing decks, balconies, or stairs can lead to catastrophic injuries. These failures often involve a combination of property owner and contractor negligence.
- Swimming pool accidents. Properties with pools must have appropriate safety measures, including barriers and properly maintained equipment. Lack of supervision or signage may increase liability for owners.
- Exposure to toxins. Carbon monoxide leaks, mold infestations, or pest problems can all harm guests staying at a rental. These hazards may result in serious respiratory or neurological injuries.
Each of these scenarios can involve different liable parties, making careful investigation essential.
Insurance Coverage for Airbnb Injuries
Understanding insurance coverage is critical in Airbnb injury cases. There are typically several potential sources:
- Host’s homeowner’s or renter’s insurance. Some policies exclude short-term rentals, while others may provide coverage. Reviewing the fine print is necessary to determine eligibility.
- Airbnb’s Host Protection Insurance. Offers up to $1 million in liability coverage, though with many exceptions and limitations. Policy terms and exclusions can impact whether a claim is approved.
- Third-party insurance. Contractors or cleaning services may carry their own liability insurance that applies when their negligence causes an injury. Proper investigation is needed to confirm coverage.
Navigating these policies can be complex, particularly when multiple insurers attempt to shift blame or deny responsibility.
Why Hire a Massachusetts Injury Lawyer?
Hiring a Massachusetts injury lawyer can be critical in Airbnb injury cases. Skilled attorneys help injured travelers by:
- Identifying all potentially liable parties. Lawyers evaluate property owners, Airbnb, contractors, and cleaning companies to determine who may share responsibility.
- Investigating evidence. Attorneys gather property inspection reports, photographs, witness statements, and medical records to build a strong case.
- Understanding insurance coverage. Experienced lawyers can review policies, navigate denials, and identify which insurers may provide compensation.
- Handling communications with insurers. Adjusters often attempt to minimize payouts or assign blame to injured guests. Lawyers protect clients from unfair tactics.
- Calculating full damages. Beyond immediate medical bills, attorneys assess lost wages, future medical costs, pain and suffering, and long-term impacts of injuries, which can help increase the total settlement amount.
- Representing clients in court or negotiation. If a fair settlement is not reached, lawyers can advocate in court to maximize compensation under Massachusetts law.
Working with a Massachusetts injury lawyer ensures injured travelers have professional guidance to navigate complex liability questions and pursue recovery effectively.
Spada Law Group’s team of Massachusetts injury lawyers assists clients across the state, with offices in Chelsea, Newburyport, Peabody, Lawrence, and Springfield, providing expert legal guidance for Airbnb injury claims.
