Your Legal Rights As An Airbnb Guest

Seeking Damages For Injuries

Victims who experience Airbnb accidents and injuries in Las Vegas can typically seek damages to address their pain and suffering and financial losses. These damages can include, but are not limited to:

• Medical and hospital expenses
• Lost income and future employment
• Pain and suffering 
• Loss of enjoyment of life
• Emotional distress
• Other non-monetary losses

In certain egregious cases, punitive damages might be in order. A Las Vegas injury attorney can review your case over a free consultation to give you an idea of the damages you might be owed. 

Visitor Status And Rights

Under premises liability law, property owners have varying degrees of duty of care toward visitors. The type of visitor determines the degree of care. In Nevada, there are three main types of visitors to a premises:

• Invitees
• Licensees
• Trespassers

Children also make up a category of visitors in certain trespassing cases. 

Rights Of Invitees

Invitees are those who visit premises for the property owner’s benefit, usually for financial benefit. They include parties such as:

• Business invitees there to do business with the property owner
• Customers
• Clients
• Utility and repair workers

Essentially, any person present to conduct business with a property owner is an invitee, which means Airbnb guests are invitees. Because they are present to benefit the property owner financially, they are owed the highest duty of care under Nevada law. 

The duty requires property owners to take all reasonable care to prevent an injury from occurring. This involves proactively searching for hazards that might harm their guests. They are also required, in most cases, to abide by various health and safety codes and Airbnb rules for guests. 

For example, those seeking to open an Airbnb in Las Vegas must submit their property to a safety inspection by the city. Once the inspection has been passed, the property owner must maintain the level of safety required to remain in compliance. 

Reasonably Safe Premises

Invitees have the right to be reasonably safe inside their rented accommodations. Reasonably safe accommodation includes:

• Proper walkways, stairs, and railings
• Secure structures built to code
• Fire warning and prevention devices
• Properly functioning appliances and HVAC
• Safe drinking water
• Proper egress
• Safe plumbing

The grounds of the Airbnb should be safe and secure as well. There should be no clutter or landscaping features that pose a threat to guests. Additionally, the property needs to be reasonably safe from intrusion by dangerous animals or individuals. For example, all doors to the property should close and lock properly. 

Privacy Rights

You have a right to privacy as an Airbnb guest in Las Vegas. For years, Airbnb allowed hosts to use cameras inside and outside their properties as long as they were clearly disclosed and didn’t unreasonably infringe on guests’ privacy. 

However, the company has decided to ban all indoor cameras and severely limit the use of outdoor cameras. In any case, any person or company that films you without consent in your rental can be sued for intrusion upon seclusion, whether intentional or not. 

Change Of Visitor Status

It is important to note that your visitor status changes once checkout time rolls around in Airbnb rentals. After your allotted time on the premises has ended, you are no longer legally allowed to be there and can be considered a trespasser. 

However, if the Airbnb owner is a friend of yours, they may let you remain on the premises for a short time after checkout. In this instance, you would no longer be an invitee but a licensee. 

Licensee

Licensees are typically social guests, such as friends and family. Their reasons for visiting a property owner or tenant are typically related to their relationships. For instance, Sunday dinner guests to a home would all be considered licensees. 

Licensees are owed a duty of care below that of invitees. Property owners must warn invitees of reasonably knowable dangers but need not inspect their properties regularly for dangers and risks. 

Trespasser

As a trespasser, you would have no right to be on the property. However, you would still have the right to be safe from intentional harm or wilfully or wantonly created dangers. For instance, a property owner cannot legally place some kind of trap timed to take effect at checkout time, even though you would be there illegally.

Tenant

As an Airbnb guest in Las Vegas, you are not considered to be a tenant unless you rent for more than 30 days. Once 31 days of rental have occurred, you acquire the rights of a tenant.

Your Rights As An Airbnb Guest Matter

At Adam S. Kutner, Injury Attorneys, we understand that your rights as an Airbnb renter are important. A premises liability lawyer in Las Vegas from our seasoned team can help if you’re injured or experience privacy rights violations during your stay. 

Keep in mind that there is a two-year statute of limitations in Nevada for personal injury cases and cases based on invasion of privacy, so swift action is recommended to preserve your case.