US-New YorkAre Airbnb hosts liable for guest injuries in New York?
Yes, Airbnb hosts in New York can be held liable for guest injuries if they fail to maintain safe premises or knowingly conceal dangerous conditions.
What the Law Says
New York law treats short-term rental hosts like traditional landlords or occupiers of land when it comes to guest safety. Liability depends on whether the host exercised reasonable care under the circumstances.
Under New York common law, property owners and occupiers owe a duty of reasonable care to lawful visitors — including Airbnb guests — to keep the premises reasonably safe.
This duty includes inspecting for hazards, repairing dangerous conditions, or warning guests about known dangers that aren’t obvious.
The host’s level of responsibility may vary depending on whether they retain control over the property, live on-site, or act merely as a booking agent — courts examine the facts of each case.
Statutory TextAn owner or occupier of land is subject to liability for physical harm caused to invitees by a condition on the land if the owner or occupier (a) knows or by the exercise of reasonable care would discover the condition and should realize that it involves an unreasonable risk of harm to such invitees...
— Restatement (Second) of Torts § 343 — Conditions on Land Dangerous to Invitees
Statutory TextEvery owner, lessee, tenant, occupant or person in charge of any building... shall keep and maintain such building... in a good state of repair...
— NY Multiple Dwelling Law § 78 — Duty to maintain
What Courts Have Said
New York courts have applied traditional premises liability principles to short-term rentals, focusing on control, knowledge, and foreseeability.
Court held that a host who retained keys, controlled access, and managed maintenance could be treated as an occupier liable for a guest’s fall due to a broken step — even though the property was listed on Airbnb.
Denied summary judgment for the host where evidence showed prior complaints about a loose railing but no repairs were made before the guest’s injury.
What to Do
Inspect your rental regularly for hazards like broken stairs, faulty wiring, or slippery floors.
Fix or clearly warn guests about any unsafe conditions you know about.
Keep records of inspections, repairs, and guest communications.
Review your homeowner’s or rental insurance policy to confirm short-term rental coverage.
Consult a New York attorney promptly if a guest is injured — the statute of limitations is 3 years from the injury date.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.