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Marko Law Firm

Michigan Airbnb Liability Lawyer: Short-Term Stay, Long-Term Injury

The popularity of Airbnb and other short-term rental platforms has exploded across Michigan. From downtown Detroit lofts to Lake Michigan cottages, thousands of properties are being rented out to travelers every day. But behind the convenience and marketing, there’s a harsh legal reality: many of these properties are not safe.

As the short-term rental industry grows, so do the injuries. Property owners are turning their homes into business operations without meeting the same safety and inspection standards required of hotels or commercial lodging. Stairwells collapse. Decks fail. Carbon monoxide detectors are missing. Electrical systems are outdated. Lighting is poor. Security is nonexistent.

And when people get hurt, there’s confusion about who’s responsible. The host? Airbnb? A property management company? No one wants to take the blame—especially not the multi-billion dollar corporations profiting from every booking.

At Marko Law, we don’t just dabble in premises liability—we live in the courtroom. We’ve taken on powerful corporations, government agencies, and insurance giants—and won. Our firm has delivered multi-million dollar verdicts in cases where others backed down. We understand Michigan law, and we know how to force negligent parties to face the consequences of their failures.

Who’s Liable in an Airbnb Injury Case?

The Host

First and foremost, the individual host—whether a private homeowner or professional property manager—owes a duty to maintain a reasonably safe environment. Under Michigan premises liability law, anyone who invites another person onto their property for business purposes is required to:

  • Repair or warn of known hazards
  • Regularly inspect for unsafe conditions
  • Comply with local building and safety codes

Airbnb, Inc.

Then there's Airbnb, the platform itself. The company typically argues that it’s not a landlord or property owner, but merely a digital middleman connecting hosts with guests. In many cases, Airbnb avoids direct liability through carefully crafted terms of service.

However, Airbnb may be exposed to liability in situations where:

  • It fails to remove a listing after multiple injury complaints
  • It knowingly markets dangerous or uninspected properties
  • It engages in misleading safety representations

Airbnb provides a $1 million Host Protection Insurance and a Host Guarantee, but these policies are full of exclusions, vague terms, and denial traps. Just because coverage exists doesn't mean you’ll receive it. And Airbnb does not voluntarily offer information to injured guests unless legally compelled.

Third-Party Contractors

In some cases, outside companies—like cleaning services, property managers, or maintenance crews—may be partly or wholly liable. If your injury was caused by something a third party was contracted to maintain, such as:

  • An uncleaned spill left by a cleaning company
  • Broken steps never repaired by a property manager
  • Electrical or structural failures tied to negligent repairs

Michigan Premises Liability Law & Short-Term Rentals

The Duty of Care Owed to Guests

Under Michigan law, property owners have a duty to keep their premises reasonably safe for invitees. For Airbnb rentals, this includes:

  • Maintaining stairs, railings, decks, and walkways in safe condition
  • Ensuring floors are free of slip hazards
  • Installing and maintaining smoke detectors, carbon monoxide detectors, and other safety devices
  • Complying with local building codes and health regulations
  • Warning guests of any known dangers that may not be immediately obvious

Relevant Michigan Laws

Several laws govern premises liability and negligence claims for short-term rentals:

  • Negligence: A host may be negligent if they fail to act with reasonable care to prevent foreseeable injuries.
  • Premises Liability: Michigan law holds property owners responsible for injuries caused by unsafe conditions on their property, including short-term rentals.
  • Duty to Warn: Hosts must warn of hidden hazards that are not obvious to the average guest. Failing to do so can strengthen a claim.

Michigan’s Comparative Fault Rule

Michigan follows a comparative fault system, which means compensation may be reduced if the injured guest shares some responsibility for the injury. For example, if a guest ignored a clearly marked step or wet floor, their damages could be reduced proportionally.

Even so, the law recognizes that the primary responsibility lies with the property owner to maintain safe conditions. A skilled attorney can ensure that the city, host, or platform doesn’t unfairly shift blame onto the victim.

Airbnb’s Insurance Policy: What You Need to Know

The $1 Million Host Guarantee

Airbnb offers a $1 million Host Guarantee, which is intended to cover damage to property caused by guests. While this may sound like a safety net, it’s important to note:

  • It is not a personal injury policy for guests.
  • It is primarily designed to compensate hosts, not injured visitors.
  • Coverage is limited and conditional, and Airbnb can deny claims for numerous reasons.

Host Protection Insurance

Airbnb also provides Host Protection Insurance, which is marketed as a policy covering liability claims by third parties, including guests. This policy is intended to cover situations such as:

  • Guest injuries due to property defects
  • Accidents caused by the host’s negligence

However, there are major caveats:

  • Coverage is not automatic; Airbnb or the insurer may dispute whether the incident qualifies.
  • Many policies have exclusions for certain types of injuries, pre-existing conditions, or incidents caused by unsafe behavior.
  • Payouts can be delayed or denied, leaving injured guests stuck with mounting medical bills.

Why Insurance Alone Isn’t Enough

Even when Airbnb insurance applies, it often doesn’t fully cover all damages, such as:

  • Long-term medical care for severe injuries
  • Lost wages or reduced earning capacity
  • Emotional distress or pain and suffering

Additionally, insurance companies and platforms often try to minimize payouts. They may argue that the host wasn’t negligent, that the injury was “partly your fault,” or that the claim is outside the policy’s coverage. This is where strong legal advocacy becomes essential.

What To Do If You're Injured in an Airbnb in Michigan

Get Medical Care Immediately

Your health comes first. Even minor injuries can become serious if left untreated. Seek professional evaluation as soon as possible.

  • Keep detailed records of all medical visits, treatments, and prescriptions.
  • Follow your doctor’s advice exactly—delays or missed appointments can weaken your case.
  • Document how the injury affects your daily life, including work and personal activities.

Take Photos of the Scene and Hazard

Evidence is critical in Airbnb injury cases. Photographs and videos provide a visual record of the conditions that caused your injury.

  • Capture every relevant angle of the property: stairs, railings, floors, or any broken or unsafe areas.
  • Include measurements if possible, such as step heights or gaps.
  • Preserve evidence before the property is altered, cleaned, or repaired.

Report the Injury to Airbnb—Carefully

You should notify Airbnb of the incident, but don’t provide detailed statements or admit fault.

  • Stick to factual details: date, time, and location of the injury.
  • Avoid discussing who is responsible, assumptions about the cause, or personal opinions.
  • Save a copy of your report and any correspondence for your records.

Get Contact Information from Hosts and Witnesses

Names, phone numbers, and email addresses from the host or anyone who witnessed your injury can be crucial for your claim.

  • Witness statements can strengthen your case and counter defenses.
  • Keep records of all communications with the host, including emails, texts, and receipts.

Contact a Personal Injury Lawyer ASAP

Michigan has strict statutes of limitation for personal injury claims—generally three years from the date of injury, but shorter deadlines can apply in some cases. Waiting too long can permanently bar you from pursuing compensation.

A qualified attorney will:

  • Investigate the property and hazard thoroughly
  • Identify all potentially liable parties, including hosts, contractors, or Airbnb
  • Navigate insurance policies and corporate defenses
  • File claims on your behalf and ensure deadlines are met

 A Short-Term Stay Shouldn't Lead to a Lifetime of Pain

When you’re injured on someone else’s property—especially one marketed as “safe” and “verified”—you deserve answers, accountability, and fair compensation.

Injuries from collapsed stairs, broken railings, faulty smoke detectors, or other dangerous conditions are not just accidents—they are the result of negligence. Hosts, property managers, and even Airbnb itself have a responsibility to keep guests safe. When they fail, you shouldn’t be left to deal with the consequences alone.

At Marko Law, we dig deep, investigate every detail, and hold all responsible parties accountable. From gathering evidence and filing claims to negotiating with insurers and taking cases to trial, we fight tirelessly to maximize your recovery and ensure justice is served.

Contact Marko Law for a Free Case Evaluation

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