Introduction: When a Getaway Turns Into a Legal Headache
Airbnb and other short-term rental platforms have revolutionized travel in Maryland. Whether you’re visiting Baltimore for a weekend or staying on the Eastern Shore, vacation rentals offer comfort, flexibility, and often a more affordable alternative to hotels.
But what happens when that charming Airbnb becomes the site of a serious injury?
Slippery stairs, broken decks, hidden mold, faulty appliances—guests can suffer significant harm due to hazards that weren’t disclosed or repaired. If you’re injured while staying in an Airbnb or similar rental property in Maryland, you may be entitled to compensation under premises liability law.
At Ballenger & Roche, we help victims of unsafe property conditions pursue justice. This guide explains how Maryland law handles Airbnb injury claims and what steps to take if your trip ends in injury.
Understanding Premises Liability in Maryland
Premises liability refers to a property owner’s legal responsibility to maintain a reasonably safe environment for people who enter their property. This includes fixing hazards, warning about dangers, and complying with safety codes.
Under Maryland law, liability is determined by:
- Legal status of the injured person (invitee, licensee, or trespasser)
- Owner’s knowledge of the hazard
- Whether reasonable steps were taken to fix or warn about the danger
In the case of Airbnb guests, most are considered invitees—people on the property for the mutual benefit of the host and guest. This gives the highest duty of care.
Common Airbnb Injury Scenarios
Injuries in short-term rentals can arise from a wide range of causes, including:
- Loose or rotted steps
- Slippery bathtubs or floors with no mats
- Faulty wiring or poor lighting
- Collapsing furniture or decks
- Mold exposure or carbon monoxide leaks
- Inadequate security leading to assault or robbery
- Swimming pool accidents
Even if the property looks immaculate in photos, hidden defects or lack of maintenance can put guests at risk. When these hazards result in injury, a premises liability claim may be appropriate.
Who Can Be Held Liable for Airbnb Injuries?
Liability in vacation rental cases can be complex, especially when multiple parties are involved. Depending on the circumstances, the following may be held responsible:
1. The Property Owner or Host
If the host failed to maintain the property or did not warn guests of known hazards, they may be directly liable for injuries.
2. Airbnb (the Platform)
In general, Airbnb shields itself from liability through its Terms of Service, but in some cases—especially if they were notified of safety complaints and failed to act—they may share some responsibility.
3. Property Management Companies
If the owner hired a third party to manage the property, and that company failed to perform inspections or repairs, they may be liable.
4. Other Guests or Visitors
If another person staying at the property caused your injury (e.g., left something dangerous out or started a fire), they may also be named in a claim.
An experienced personal injury attorney can investigate the facts and determine all possible sources of compensation.
Does Airbnb Provide Insurance Coverage?
Airbnb offers a program called AirCover for Guests, which includes a $1 million Host Liability Insurance policy. This may cover:
- Bodily injury
- Property damage
- Theft of guest belongings
However, there are important limitations. AirCover:
- May deny coverage if the host violated terms
- Might not apply to certain types of injuries (e.g., caused by intentional acts)
- Does not replace a personal injury lawsuit
For this reason, it’s critical not to rely solely on Airbnb’s platform support. Instead, speak with an attorney who can help you file a legal claim and deal with all parties involved.
What to Do If You’re Injured in an Airbnb in Maryland
1. Get Medical Attention
Your health is the priority. Document injuries as early as possible through medical reports and photos.
2. Take Photos and Videos
Photograph the scene of the injury, the hazard, and the overall condition of the property. Time-stamped evidence is invaluable.
3. Report the Incident
Notify the host via the Airbnb app and ask them to report it. Save all communication in case Airbnb’s insurance program is involved.
4. Document Everything
Write down what happened while it’s fresh in your mind—include dates, times, witnesses, and how the hazard contributed to your injury.
5. Contact a Maryland Personal Injury Lawyer
An attorney can help you determine if you have a viable premises liability claim and navigate insurance negotiations.
Can You Still File a Lawsuit If You Signed a Waiver?
Many hosts attempt to limit liability by requiring guests to agree to waivers or disclaimers. However, in Maryland, waivers do not automatically absolve property owners from liability for negligence—especially if the hazard was hidden or grossly unsafe.
Maryland courts evaluate whether the waiver was reasonable, clearly worded, and enforceable. If your injury resulted from a dangerous condition the host failed to fix or warn you about, you may still have a strong case.
Time Limits for Filing a Claim
In Maryland, the statute of limitations for personal injury claims is three years from the date of injury. However, it’s important to begin the legal process early to preserve evidence and identify responsible parties.
Call to Action
If your stay at an Airbnb or short-term rental in Maryland ended with an injury, don’t let uncertainty or insurance red tape stop you from seeking justice. At Ballenger & Roche, we help injured guests understand their rights, determine liability, and pursue full compensation for their losses. Contact us today for your free consultation.