Sexual Assault at an Airbnb – Can I Sue?

Whether you need a weekend getaway or a place to stay in between moves, there are many reasons to book a short-term rental property. There is no doubt that Airbnb is the best known site for hotel alternatives, and the options include single rooms at very low rates to an entire mansion for you and your family. As a premier tourist and business destination, California has many people throughout the state that list properties on the booking site. Some people have uneventful stays in clean and safe accommodations, but others are not so lucky. Perhaps you or someone you know was sexually assaulted at an Airbnb, either by the owner, a trespasser, or another renter.

Airbnb receives thousands of complaints every year regarding sexual assault and harassment. As a result, victims are left with permanent trauma from being raped or subjected to other horrendous acts. What is Airbnb doing about the problem? For the most part, they are concerned with preserving a pristine image and ensuring that the public is largely unaware of these stories. To that end, they pressure victims into low settlement offers and non-disclosure agreements.

Kenmore Law Group knows the games played by booking sites like Airbnb when it comes to people’s safety. For many years, Airbnb has denied any responsibility for what happens to a renter and placed the blame solely on the host. But things are not so black and white, and brave victims who have fought back over the years have ensured that Airbnb cannot escape liability when their own negligence failed to prevent injuries to someone else.

Our legal team is ready to hear your story and fight for compensation that you are entitled to under the law. We hope you will give us the opportunity to advise you and be a part of your path to recovery. Contact our office today and schedule a time to speak with an Airbnb sexual assault lawsuit attorney.

Behind Airbnb’s Glowing Image

We can all agree that Airbnb has changed the way we find homes away from home when we are traveling. For others, they may need temporary lodgings as they look for something more permanent, and booking sites provide an alternative to signing a lease. Airbnb hosts benefit as well, since they can make passive income by renting out an unused apartment, cabin, room, etc. without the full burden of being a landlord.

On the other hand, there are downsides to renting an Airbnb unit compared to signing for an apartment or booking at a hotel. Much of the responsibility for any injuries or property damage falls on the owner rather than the company. In addition, you really don’t know what you’re getting into until you arrive at your destination and start to notice that the property is much worse than what you saw in the photos. In addition, there may be security issues that put you at risk of being robbed, beaten up, or sexually assaulted.

The truth is, Airbnb knows the risks that are involved, which is why they push non-disclosure agreements on customers, along with numerous policies that are designed to keep the lid on damaging allegations. Here at Kenmore, we have counseled numerous Airbnb assault victims in their fight for justice, and the stories are truly horrifying.

Most incidents involve women, though men can certainly be the target of a sexual attack. It’s also worth noting that men are less likely to come forward, hence most sexual assault clients we represent are female. We have heard it all, from hosts planting security cameras in bedrooms and bathrooms to offering alcohol laced with date rape drugs and taking advantage of an unconscious victim. Guests can also be assaulted by trespassers when a unit has unsecured access points, like windows, cellar doors, and garages. Another tactic is for sexual predators to scope out properties and find out where the key is left for the tenant. This allows them to make copies of the keys and break into a property whenever they please.

If you were sexually assaulted during your stay at an Airbnb, please take some time to learn about your rights and legal options. Our lawyers are here for you 24/7, so please reach out to receive a free, confidential consultation.

Damages Available to Victims of Sexual Assault

If you have grounds to file a sexual assault lawsuit against Airbnb, it’s essential to work with an experienced law firm right from the start. Proving that a third party, like a booking platform, is responsible for a sexual assault is incredibly challenging. With aggressive representation from a skilled attorney, you can receive some or all of the damages listed below:

• Medical expenses, including long-term / lifetime care costs
• Lost wages, value of lost job benefits and other income sources
• Emotional distress
• Pain and suffering
• Loss or damage to your property
• Punitive damages

Please note that you also have the right to seek criminal prosecution, along with or instead of a civil lawsuit. Going through with a lawsuit is completely up to you; our goal is to offer advice and ensure that you make an informed decision. That’s why we invite you to get in touch and find out about your rights from a Los Angeles sexual assault lawyer.

I was Sexually Assaulted by My Airbnb Host

The Airbnb host, or the party you are renting from, is the most likely perpetrator of a sexual assault. After all, they are familiar with the layout of the property and have their own set of keys. Airbnb’s policies require background checks on owners prior to letting them list properties on the site. In theory, this only works in terms of preventing access to anyone with a criminal conviction. Many sexual predators get away their acts for a long time, so there is no guarantee that your Airbnb host is not a criminal

Examples of sexual misconduct by Airbnb hosts include the following:

• Unwelcome gestures or comments that are sexual in nature
• Sexual harassment of the guest (constantly hitting on them, asking them out, stopping by the property and trying to engage with them, etc.)
• Indecent exposure
• Solicitation, i.e., asking for sexual favors in exchange for money, discounts, gifts, etc.
• Planting cameras in places where the guest has an expectation of privacy
• Attempting to inebriate the victim and take advantage of them sexually

Airbnb Guests Committing Sexual Assault

Aside from the owner of the property, you can be sexually assaulted by other guests staying at the same Airbnb. You often hear about this problem when there is a shared property, like a house where people can rent a single room. So, that means you are sharing common areas like the kitchen, bathroom, and living room. This situation can lead to a guest being assaulted by someone else on the property, or by a stranger that is invited by one of the guests. Sometimes, guests may decide to throw parties that quickly spin out of control with excessive noise, drinking, and drug use. These variables increase the potential for sexual assault at an Airbnb.

Trespassers Raping Airbnb Guests

Frankly, the vast majority of sexual assaults happen between people that have some degree of familiarity with each other. But Airbnb is an arrangement that can be easily exploited by criminals. For one thing, the company has no set policy when it comes to how keys are exchanged between hosts and guests. So, an Airbnb host can simply say that the key is under the front door mat instead of meeting the guest at the house. The guest can also just leave the keys inside a mailbox or some other area that can be accessed by anyone. For a rapist, it’s easy enough to take out these keys, make copies, and return them to their original location. That way, they can easily gain entry to a property and lie in wait for an unsuspecting victim.

Can I Sue Airbnb if I was Sexually Assaulted?

When you are sexually assaulted, there is an obvious party that is guilty for the crime. But is this the party that you can go after in a legal sense? This is not an easy question to answer when you are injured on someone else’s property. The question is even more complicated when the property is booked on Airbnb or a short-term rental site.

Over the years, we have been approached by numerous individuals on the possibility of suing Airbnb for accidents and assault at a listed property. While claims for compensation are normally filed against the property owner, there are instances where you can seek compensation from Airbnb. Possible scenarios include:

• Airbnb knew about (or has reasons to know of) listings that posed a risk of harm. For example, they received multiple complaints from previous guests about inappropriate conduct by the owner.
• Airbnb did not remove the host from their platform, even though it’s clear that they had violated the terms of service.
• The company attempted to silence you, bribe you into withdrawing a complaint, or strip you of your legal rights in some other way.

At the end of the day, there is no right or wrong way to resolve the trauma of sexual assault. This is a highly sensitive issue, and how to move forward is different for each and every victim. A lawsuit may be part of your journey to recovery, and our job is to fight for the highest rate of compensation while ensuring accountability by the guilty parties. For more information on how to sue Airbnb for sexual assault, don’t hesitate to give us a call.

Airbnb Sexual Assault Settlement Values

The amount that can be obtained from a sexual assault claim is case-specific, as there are many factors that impact the settlement process. Based on the averages in California, here are the ranges of potential case values:

• On the lower level of the spectrum – between $50,000 and $250,000
• Cases with significant mental health impact for the victim – $300,000 to over $1,000,000
• Extreme / high-profile cases of gross negligence or misconduct – $1,000,000 to over $10,000,000

These are solely estimates that are meant to be used for general purposes. If you wish to obtain a case value that is specific to your own experience, make sure to consult an Airbnb sexual assault attorney.

Contact Kenmore Law Group

The physical scars of sexual assault may heal with time and medical treatment, but the same cannot be said for what these incidents do your psyche. It’s no coincidence that so many sexual assault victims struggle with substance abuse, suicide attempts, self-harm, social phobias, panic attacks, and other signs of PTSD. Money is not the cure for anyone who was sexually assaulted, but it’s a tangible form of justice and empowerment.

Our law firm has stood side by side with sex abuse victims for many years. We are ready to fight for your interests if negligence by Airbnb played a role in the events that left you with the burden of sexual assault. All clients receive free legal services under the Zero Fee Guarantee, and our payment comes directly from your settlement check. In other words, we make $0 unless you receive compensation.

The journey begins with a free case evaluation, so please take a moment to contact our legal experts.