Dog Bite Lawsuits Involving Airbnb or Short-Term Rentals

Dog bite lawsuits involving Airbnb or other short-term rentals are complex due to the unique nature of these arrangements, which blend elements of traditional hospitality with private property ownership. Liability in these cases depends on local laws, the specifics of the incident, and the insurance coverage involved. Below, I’ll outline key considerations, legal principles, and practical steps for such lawsuits.

Key Legal Principles

  1. Strict Liability for Dog Owners:
    • In many jurisdictions, such as California, dog owners are strictly liable for bites, meaning they’re responsible regardless of the dog’s prior behavior, as long as the victim was lawfully present (e.g., a guest in an Airbnb). Victims only need to prove they were in a public place or lawfully in a private place to have a valid claim.
    • Florida holds dog owners liable for bites on their property unless a prominent “Bad Dog” sign is displayed and no negligence contributed to the incident.
  2. Landlord/Host Liability:
    • Airbnb hosts, as property owners or lessees, are typically liable for their own dogs’ actions under strict liability laws. However, if the dog belongs to a guest, the host’s liability depends on whether they knew or should have known the dog was dangerous and failed to act (e.g., remove the dog or warn guests).
    • For example, a Colorado case found a landlord liable for a tenant’s dog bite after the landlord knew the dog had threatened others but allowed it to remain.
  3. Premises Liability:
    • Short-term rental hosts have a duty to maintain a safe environment. If a dog bite occurs due to negligence (e.g., a defective fence allowing a dog to escape), the host could be liable under premises liability laws.
    • Guests staying at an Airbnb or Vrbo property are often considered “business invitees” under laws like those in Texas, entitling them to a higher standard of care from the host.
  4. Airbnb’s Insurance and Policies:
    • Airbnb provides secondary liability insurance (up to $1 million) for hosts, covering incidents like dog bites, but only after the host’s primary homeowners or renters insurance is exhausted.
    • Airbnb’s Host Guarantee program covers property damage but not personal injury or medical liability, leaving hosts vulnerable if their insurance excludes short-term rental activities.
    • Hosts aren’t required to disclose pets in listings, so guests must inquire about animals before booking.
  5. Guest’s Dogs:
    • If a guest’s dog causes harm, the guest is typically liable as the owner. However, hosts may face liability if they’re deemed to be “harboring” the dog in a state with strict liability laws, though this may not apply in commercial settings like short-term rentals.
    • For example, an Airbnb host was held accountable in a strict liability state when a guest’s dog escaped and attacked someone, as the host was considered to be “harboring” the animal.

Challenges in Dog Bite Lawsuits Involving Short-Term Rentals

  • Insurance Complications:
    • Many homeowners’ insurance policies exclude coverage for short-term rental activities or specific dog breeds, leaving hosts exposed.
    • Guests may need to pursue claims through the host’s insurance, which can be insufficient, requiring legal action to secure fair compensation.
  • Determining Liability:
    • Identifying the liable party (host, guest, or Airbnb) can be murky. For instance, if a host knew a guest’s dog was dangerous but allowed it, they could share liability.
    • In a 2015 case in Argentina, Airbnb initially declined to cover medical costs for a guest bitten by a host’s dog, highlighting gaps in international coverage.
  • Statute of Limitations:
    • Victims must file claims within the applicable statute of limitations (e.g., two years in California for personal injury). Delays can bar recovery.
  • Local Regulations:
    • Short-term rentals face increasing scrutiny, with cities like New York and New Orleans imposing strict regulations. These can impact liability disputes if the rental itself is deemed illegal.

Case Examples

  • Argentina Case (2015): A guest suffered a severe dog bite from a host’s Rottweiler. Airbnb initially refused to cover medical bills, only offering a refund for the stay. After media attention, Airbnb requested medical receipts, illustrating their secondary coverage stance.
  • Colorado Case (2023): A child was bitten by a host’s dog on a working ranch. Discussions online noted Colorado’s strict liability laws, suggesting the host was responsible and that Airbnb’s insurance could cover medical costs if pursued as a personal injury claim.
  • Guest’s Dog Incident (2017): An Airbnb host faced legal action after a guest’s dog escaped and attacked a cyclist. The host was held liable in a strict liability state, highlighting risks for hosts allowing pets.

Steps for Victims of a Dog Bite at a Short-Term Rental

  1. Seek Medical Attention: Treat injuries immediately, especially to prevent infections (20% of dog bites result in infections).
  2. Document the Incident: Take photos of injuries, the scene, and any contributing factors (e.g., a broken gate). File a police or animal control report for official documentation.
  3. Contact Airbnb or Vrbo: Report the incident to the platform. Use terms like “personal injury” to ensure proper handling. Airbnb may cover costs if the host’s insurance denies the claim.
  4. Consult a Personal Injury Attorney: A lawyer can evaluate the case, navigate insurance disputes, and pursue compensation for medical bills, lost wages, pain, and suffering.
  5. Check Insurance Policies: Determine if the host’s homeowners or renters insurance covers dog bites. If not, Airbnb’s secondary coverage may apply.
  6. File Within Deadlines: Act promptly to meet the statute of limitations, which varies by state (e.g., two years in California).

Steps for Hosts to Mitigate Liability

  1. Verify Insurance Coverage: Ensure your homeowners or renters insurance covers short-term rental activities and dog bites. Consider additional policies if needed.
  2. Disclose Pets: Clearly state in your listing if you have pets, and inquire about guests’ pets to assess risks.
  3. Maintain the Property: Fix hazards like broken fences that could allow dogs to escape.
  4. Set Pet Policies: Prohibit certain breeds or require guests to provide vet certificates for their dogs. Some hosts opt for a “no pets” policy to avoid liability.
  5. Know Local Laws: Understand state dog bite laws and local rental regulations to ensure compliance.

Compensation in Dog Bite Lawsuits

Victims may recover:

  • Monetary Damages: Medical bills, lost wages, and rehabilitation costs.
  • Non-Monetary Damages: Pain, suffering, and emotional trauma.
  • Punitive Damages: In rare cases, to punish egregious negligence (hard to prove).

The average dog bite settlement was $33,230 in 2016, but values vary widely based on injury severity and jurisdiction.

Conclusion

Dog bite lawsuits involving Airbnb or short-term rentals hinge on local dog bite laws, the host’s knowledge of the dog’s behavior, and insurance coverage. Victims should act quickly to document injuries and seek legal advice, while hosts must ensure proper insurance and clear pet policies to minimize risks. Consulting a San Diego dog bite attorney is critical for both parties to navigate these cases effectively.

If you need help finding a lawyer or more specific guidance, let me know your location or additional details!

References

Airbnb. (n.d.). Airbnb’s Host Guarantee and liability insurance. Retrieved from https://www.airbnb.com/help/article/937

California Civil Code § 3342. (2023). Dog bites; liability. Retrieved from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3342.&lawCode=CIV

Florida Statutes § 767.04. (2023). Dog owner’s liability for damages to persons bitten. Retrieved from http://www.leg.state.fl.us/statutes/

Reddit. (2023). Discussion on Airbnb dog bite incident in Colorado. Retrieved from https://www.reddit.com/r/AirBnB/comments/16g7l2q/airbnb_dog_bite/

Silverman, M. (2015). Dog bite incident at Airbnb in Argentina. Retrieved from https://www.theguardian.com/technology/2015/aug/06/airbnb-dog-attack-guest-safety-concerns

Texas Property Code § 92.001 et seq. (2023). Residential tenancies; premises liability. Retrieved from https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm