Airbnb has non-disclosure agreements and other policies that make it difficult to get the word out on sexual assaults at properties advertised on their platform. However, we have worked with enough victims over the years that come to us with truly harrowing stories. As with any major corporation, Airbnb spends considerable sums of money to bury such allegations and keep victims from telling their stories.

As sexual assault attorneys, we know of young men and women who were plied with alcohol and raped by the host and others in the house. Others are attacked by a rapist that makes copies of the keys and hides inside the unit, waiting for the victim to come back home.

If you or your loved one was sexually assaulted while staying at an Airbnb, you need information on your legal rights and what you can do to hold the company accountable. With that in mind, we encourage you to reach out and talk to our lawyers during a free, private case review.

If you choose to go ahead with a lawsuit, our legal team can help you locate evidence, prove liability by one or more defendants, and negotiate to get you the highest amount. Ultimately, money does not make up for what you went through, but compensation is a critical aspect of recovery after a sexual assault. Damages we can potentially recover on your behalf include:

• Medical expenses
• Lost income (wages, job benefits, and other earnings)
• Pain and suffering / emotional distress
• Property damage
• Punitive damages

Each victim must make the choice for themselves when it comes to suing Airbnb and other short-term rental companies. However, we can say with certainty that victims feel more empowered when the negligent party pays for their wrongdoing. Lawsuits can also lead to policy changes and new laws that offer greater protection for Airbnb guests.

The first and most likely perpetrator of an Airbnb sexual assault is the host, as they have immediate access to the property and its layout. And it makes perfect sense that a sexual predator would use a spare room, apartment, or some other property to lure victims and take advantage of them. Airbnb has a legal obligation to conduct screenings on prospective hosts and keep anyone off the platform with a criminal history. However, the lack of criminal convictions does not necessarily mean that someone is not a criminal, they were simply fortunate enough to get away with it.

Below are examples of complaints by Airbnb guests regarding sexual misconduct by the property host:

• Unwelcome sexual comments or gestures
• Harassing the guest (constantly calling them or stopping by the property in an attempt to spy on / hit on the person)
• Indecent exposure
• Asking for sexual favors in exchange for money, gifts, etc. (solicitation)
• Using hidden cameras to spy on guests in bathrooms and other areas of the property
• Trying to use drugs and/or alcohol to inebriate the victim and commit acts of sexual assault

Those renting a property from Airbnb can also be assaulted by other guests. This is most common on shared properties, like a house where people can rent a private-use bedroom. That means you still have to share common spaces, like the kitchen, living room, and bathroom. So, you can imagine how a rapist can lie in wait and assault someone or take advantage of them while they are sleeping. Certain guests may also throw parties with many strangers, illegal substances, and other risk factors that increase the possibility of physical and sexual assault.

One of the biggest problems regarding security for Airbnb rentals is the exchange of keys between guests and owners. The company does not have any policy for the exchange, and that means owners can do whatever they want – putting the key under a mat, in a mailbox, etc. Rapists, thieves, and other criminals are aware of these hiding places and find keys, which they make copies of before a guest arrives on the scene. Some owners also fail to maintain the property, and this can make it easier for criminals to break in and attack an unsuspecting guest.

With sexual assaults, you clearly have someone that is responsible for attacking you and causing bodily harm and psychological issues. You can file criminal charges and seek prosecution against the individual, but is this the only legal option available to you? When you are attacked on property rented from someone else, the legal implications are far more complicated.

The laws on premises liability requires owner to take certain measures to protect others from being injured on the property. Under this concept, you can sue a hotel for accidents and assault if they failed to take reasonable care to prevent such incidents. So, even if you were not assaulted by the Airbnb host, this party may be liable for the harm you suffered.

Now, let’s look at Airbnb, the booking platform where you found and paid for the property. Can you sue Airbnb for a sexual assault at one of their listings? Below are examples of conditions that may allow you to proceed with a sexual assault lawsuit against Airbnb, VRBO, Expedia, Booking.com and other short-term rental sites.

• Airbnb failed to conduct proper background checks on the host, which put you at risk of a sexual attack.
• Airbnb knew about or had reason to know of hazardous conditions on the premises, yet they chose to ignore the issue or failed to take appropriate action against the owner.
• The company continued to post listings by an owner after a legal violation or violating the terms of service.
• The company insists that you cannot talk about the incident to anyone because you signed a non-disclosure agreement.

Taking that first step and talking about the assault is typically the hardest part for any victim. This is a sensitive and painful issue, and there are various ways to move forward and find some measure of peace. For some people, that may include pursuing a civil claim for sexual assault. Taking direct action against the liable entity can empower victims and provide monetary funds for medical expenses and other damages.

Each case is unique in terms of how much it will settle for, but our history of representing victims suggests the following ranges:

• Lower level cases of sexual / physical assault
• Rape cases resulting in significant mental health issues
• High-profile cases resulting in punitive damages

Please note that estimates may not reflect what you can obtain from a lawsuit, and there are many details we need to examine before we can provide a sexual assault settlement value.

Upon reaching a settlement, the victim can choose to receive compensation as a lump sum payment, meaning they get the entire amount at once. Obviously, there are advantages to getting the whole settlement right away, but it can be problematic in terms of long-term stability. Working with a financial planner may be helpful if you are considering this option.

For a more disciplined, forward thinking approach, you can choose to receive a structured settlement. This means you are receiving installments over a specified period of time once a month, every year, etc. It’s a good way to stick to a budget and ensure that you continue to have a steady income stream. For those seeking financial security and a source of passive income in the upcoming years, structured settlements may be the right choice.

Though it’s not as common, the resulting compensation may be put into a trust or annuity. You typically see this arrangement with victims who are underage (minors) and survivors with special needs. With someone appointed to administer the trust, there is assurance that the funds will be used as needed for on-going expenses.

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