Airbnb & Vacation Rentals

Airbnb, Vrbo, and other short-term rental platforms let travelers book someone’s home for a few nights. Sadly, as these vacation rentals have grown in popularity, so has the number of sexual assaults that happen inside them.

When a sexual assault occurs in an Airbnb setting, it can be a traumatic and harrowing experience for the survivor. It’s also a situation where more than one party may be legally responsible, and where an Airbnb sexual assault lawyer can help you work out who.

A Bloomberg report states that the Airbnb company faces thousands of sexual assault claims every year from guests staying at rental properties. The company has used various means to try and cover up such claims, including the use of non-disclosure agreements and mandatory arbitration.

One of the most significant claims included a $7 million payout to a woman who was sexually assaulted at an Airbnb rental. The claim involved an agreement not to talk about the settlement or “imply responsibility” on the part of the host or Airbnb.

There may be several legal issues that arise for sexual assaults and sex abuse that happen in an Airbnb setting, and they must be addressed through legal action.

At The Pride Law Firm, our San Diego Airbnb sexual assault attorneys are here to make sure that you receive the proper guidance and care after such an incident, and that you are afforded the appropriate remedy under the law. Vacation rental cases are one part of our wider practice as a San Diego sexual assault lawyer, and we represent survivors here and across the country.

If you or a loved one were sexually assaulted at an Airbnb, you have the right to pursue justice. Get in touch with us at 619-516-8166 to learn more about your legal rights and options. The consultation is free, and there’s no fee unless we recover for you.

As one of the preeminent sexual assault law firms in California and the nation, we recognize the dangers inherent in Airbnb rentals. We intend to lead the litigation for these types of cases.

Worried you’ve waited too long? California law gives adult survivors far more time than most people expect, and a limited revival window is open right now for some older claims. See how long you have to file below, then call us before the deadline decides for you.

The Pride Law Firm: Doing Our Part to Improve Airbnb Safety

Thousands of sexual assault allegations are made each year to Airbnb without public knowledge. As a civil law firm that has extensive experience in helping survivors of sexual assault, we are appalled by story after story of survivors who have been sexually assaulted at properties hosted by Airbnb for at least a decade.

Investigative reporter, Olivia Carville, has exposed this in her report in Bloomberg: Airbnb is Spending Millions of Dollars to Make Nightmares Go Away.

According to the report, in 2011, two girls were plied with alcohol by their host and then raped. In 2015, on New Year’s Eve, a woman returned from celebrating and was raped by a man who had obtained a copy of the keys and was waiting for her.

Airbnb doesn’t have a policy for how hosts exchange keys with guests, which poses a risk. Our Survivor Advocate reached out to the reporter to understand the magnitude of this problem.

We are investigating and gathering documentation to determine if we can work with legislators to pass laws that create safer spaces and policies.

If you have been sexually assaulted at a property hosted on Airbnb, and have questions about what your legal options are, trust your experience with a San Diego sexual assault attorney who is trauma-informed and works with survivors of sexual assault every day. We are here to answer your questions without any obligations. Get in touch with us at 619-516-8166 to learn more about your legal rights and options.

Seeking Damages for an Airbnb Sexual Assault Incident with the Help of a San Diego Sexual Assault Attorney

While no amount of monetary compensation can fully undo the trauma of a sexual assault, a damages award can help set the survivor on a path where they receive the necessary treatment and resources for a full recovery. A damages award can cover:

• Medical expenses for all the costs associated with the treatment needed after an assault.
• Lost earnings for the lost income associated with the harm the assault caused.
• Pain and suffering for emotional and mental distress caused by the assault.
• Additional costs not covered by conventional insurance.
• Punitive damages intended to punish the perpetrator.

Besides these damages, filing a lawsuit can help uncover similar instances of abuse and hold the perpetrators accountable for their actions. This is especially important in Airbnb claims, where it may be harder to prove abuse took place.

What is Airbnb Sexual Assault?

Broadly speaking, sexual assault includes any act in which a person is coerced or physically forced to engage in sexual activity against their will.

It involves any type of sexual contact or behavior without the other person’s consent. It can happen on public or private transportation. It can happen when you least expect it, like during a routine medical examination. And it can come in the form of:

• Fondling
• Groping
• Unwanted sexual touching
• Indecent exposure
• Presenting lewd or pornographic materials
• Rape and attempted rape
• Any other unwanted sexual activity

Sexual assault can happen in many settings, including at home, at school, or at work. When it occurs in an Airbnb, it is known as “Airbnb sexual assault.” Just like any type of sexual assault, Airbnb sexual assaults can involve various types of unwanted contact, including child sexual abuse, sexual assaults on males, and other forms of harm.

The same is true on every other short-term rental platform. Whether you booked through Airbnb, Vrbo, Booking.com, or a private vacation rental listing, the legal questions are largely the same: who controlled the property, what did they know, and what did they fail to do about it? This page focuses on Airbnb because it’s the largest platform. We handle vacation rental sex abuse and sexual assault claims involving any of them, and across the wider transportation and travel category.

How Airbnb Sexual Assaults are Often Carried Out

Numerous Airbnb sexual assaults are committed by the rental hosts themselves. They may be present on the same premises during the rental stay and may commit the assault during that time. Or, they may leave and then come back to sexually assault a rental guest.

If you’ve been assaulted in this manner, please don’t hesitate to contact us at 619-516-8166. We don’t just listen, we’re also fierce advocates for the survivors we serve.

Airbnb rentals present unique safety risks when it comes to the security and well-being of those renting. A hotel has a front desk, staff on site, and often professional security. A short-term rental usually has none of that: entry codes are handed out remotely, no one is watching the door, and a single property can turn over dozens of strangers in a month. Potential concerns can include:

Sexual Assaults by Hosts

Airbnb company policies involve screening hosts for criminal records and convictions; however, even such background checks will not always prevent a host from sexually assaulting a guest. Besides more obvious physical assaults of a sexual nature, you should know that hosts are not permitted to:

• Make unwanted sexual advances toward guests.
• Engage in indecent exposure.
• Make harassing or sexually suggestive comments.
• Kiss or try to kiss guests.
• Attempt to use alcohol or other substances to intoxicate and subdue a person.
• Misuse security cameras to harm or spy on the guest.
• Violate guests’ privacy (for instance, watching them in the bathroom).

Sexual Assaults by Trespassers

The transfer of keys from the host to guests is a main safety consideration that is overlooked.

Airbnbs generally do not have the same security measures as hotels or other formal rental arrangements. As such, trespassers can gain entry into the rental property, where they may commit an assault. Many Airbnb rentals are located in areas of high foot traffic or exposure.

Hosts may sometimes just leave a key in a place where anyone can access it, such as on top of a door post or underneath a mat. They may also leave them with a third party, where anyone can obtain them without identification.

Sexual Assaults by Other Guests

Airbnb sexual assaults are often carried out by another guest who may be staying in the same place. In many, many instances, this can be a friend, family member, or close acquaintance of the survivor. Illegal Airbnb parties also elevate the level of danger when it comes to the sexual assault of guests on the property.

Human Trafficking and Sexual Assault

San Diego faces a significant issue with non-consensual sexual assaults, with over 900 incidents reported annually on average.

This alarming statistic does not account for the numerous victims of human sex trafficking, a hidden crisis that affects many individuals within the city.

San Diego, with its proximity to the U.S.-Mexico border, is a known hotspot for trafficking activities, where countless women, men, and children are exploited. These victims often remain invisible to the public eye, further complicating efforts to provide accurate data and appropriate interventions.

There are growing concerns about the safety of short-term rental accommodations like Airbnb. Reports have surfaced about inappropriate hosts and unsafe environments, contributing to a disturbing number of sexual assaults and other forms of misconduct in these spaces.

While Airbnb has implemented various safety measures, such as background checks and customer reviews, these efforts have not entirely prevented the thousands of incidents that occur yearly across the platform globally, including in San Diego.

The lack of stringent regulations and oversight can leave guests vulnerable, with some hosts exploiting their position to commit heinous acts.

The combination of these factors paints a troubling picture of sexual violence in San Diego.

Addressing this issue requires a multi-faceted approach, including more robust law enforcement, better support systems for victims, and stricter regulations on platforms like Airbnb to ensure the safety of all users.

Public awareness and education campaigns are also essential in empowering individuals to recognize and report suspicious activities, ultimately working toward reducing the prevalence of these crimes.

And as always, The Pride Law Firm is here to help any victims of sexual assault, including those unwillingly trafficked.

Can You Sue the Airbnb Company for Sexual Assault or Sex Abuse?

In most instances, you may be able to bring legal action against the party that directly assaulted you. As mentioned, this can include the host, other guests, visitors, or even trespassers on the property.

Depending on the circumstances, it may also be possible to sue Airbnb if there are certain liability issues involved in the claim. For instance, you may need a San Diego Airbnb sexual assault lawyer if:

• You were required to sign a non-disclosure agreement prohibiting you from discussing your sexual assault claim.
• Airbnb failed to perform proper background or criminal record checks of the host.
• Airbnb knew about conditions or issues that might present sexual assault dangers, yet did nothing about it.
• The company allowed a rental host to operate in violation of the law or company policies.

Premises Liability and Negligent Security

Most claims against a host, a property owner, or a platform are built on two related legal theories: premises liability and negligent security.

The principle behind both is straightforward. A party that controls a property has a duty to take reasonable steps to keep the people it invites there safe. When it fails to do that, and the failure leads to foreseeable harm, it can be held responsible.

In an Airbnb sex abuse lawsuit, that failure often looks like one of these:

• A broken or missing lock.
• A keypad code that was never changed between guests.
• Keys left under a mat, or handed to a stranger without any check on who they were.
• A security camera the listing promised, that was never actually installed.
• A hidden camera the listing never disclosed at all.
• A listing that stayed live after prior guests complained about it.
• A host the platform never meaningfully screened.

You don’t have to know in advance which of these applies to you. That’s what an investigation is for. We pull the booking records, the host’s message history, the platform’s internal complaint log, and any prior reports filed about the property.

Again, part of the problem surrounding Airbnb sexual assault claims has been the company’s previous attempts to sweep incidents under the rug. While it can be difficult for survivors to come forward, initiating legal action is a powerful way that abusive companies can be held accountable.

Airbnb and Non-Disclosure Agreements

Up till 2017, every person who signed an agreement with Airbnb regarding sexual assault instances was required to sign a non-disclosure agreement. These agreements would prevent people from:

• Talking about their experiences.
• Asking for more money outside a settlement.
• Suing the company in a court of law.

As a result of such agreements, many survivor’s stories and claims have gone unreported. These agreements also prevented Airbnb guests and hosts from suing the company in court, where records are made available to the public. Instead, survivors were forced to bring disputes through arbitration that are often funded by the company, and where the proceedings are kept out of the public light.

After the #MeToo movement exposed how non-disclosure agreements are used to protect abusive companies, Airbnb allegedly replaced such agreements with a clause stating that “recipients can’t discuss the terms of their settlement or imply that it’s an admission of wrongdoing.”

However, even with these “adjustments,” such restrictive clauses are still damaging for the survivor. Part of the trauma of sexual assault is not only the incident, but the way victims may be perceived.

If a person is being silenced and told that they can’t discuss the case or mention it publicly, that is an additional burden for the survivor to bear. Underreporting is already a major concern with sexual assault cases, and every story matters when it comes to sexual assault survivors.

Can Airbnb Still Force You Into Arbitration? In Most Cases, No.

For most survivors, no. This is the part of the story that has changed, and a lot of people haven’t heard it yet.

Airbnb ended mandatory arbitration for sexual assault claims in August 2021. The company announced it would no longer force guests or hosts bringing sexual assault or sexual harassment claims into its private arbitration process. Survivors can take the company to court in the forum they choose. The change came in the wake of the Bloomberg investigation.

Federal law now backs that up. On March 3, 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act was signed into law. It gives a survivor the right to void a pre-dispute arbitration clause and take a sexual assault or sexual harassment claim to court instead. There’s one important limit. The law reaches claims that arise or accrue on or after March 3, 2022, so it doesn’t automatically apply to an older assault. Airbnb’s own 2021 policy change wasn’t limited that way.

So here’s the practical takeaway. If someone once told you that you’d signed away your right to sue, don’t assume that’s still true. The terms you agreed to when you booked may no longer be enforceable against a claim like yours. Let us read the fine print before you accept it as final.

How Long Do You Have to File an Airbnb Sexual Assault Lawsuit?

Longer than most people think. For adult survivors, California Code of Civil Procedure section 340.16 generally allows a claim to be filed within:

• 10 years from the date of the last act, attempted act, or assault with the intent to commit an act of sexual assault; or
• 3 years from the date you discovered, or reasonably should have discovered, that an injury or illness resulted from the assault,

whichever of the two expires later.

That discovery rule matters more than people realize. Anxiety, depression, PTSD, an inability to hold down work: survivors often don’t connect these things to the assault until years afterward, and the three-year clock doesn’t start running until they do.

There’s also a limited revival window open in California right now for certain claims that would otherwise be too late. These windows carry specific requirements and hard end dates, so please don’t try to work out on your own whether yours qualifies. Call us and let us check it for you.

Survivors who were children at the time of the abuse are covered by a different statute, and it’s generally more generous still.

Deadlines here are strict, and they turn on the specific facts of your case. Evidence also gets harder to preserve every month that passes. Booking confirmations, host messages, keypad access logs, and security footage all disappear over time. The single most useful thing you can do is ask early. The consultation costs nothing.

What Does an Airbnb Sexual Assault Lawyer Cost?

Nothing up front.

We handle Airbnb and vacation rental sexual assault cases on a contingency fee basis. Our fee comes out of a recovery, not out of your pocket, and if there’s no recovery, you owe us no attorney fee. The first consultation is free and completely confidential, whether or not you decide to hire us.

Cost should never be the reason a survivor stays silent.

Contact an Experienced San Diego Airbnb Sexual Assault Lawyer

Any type of sexual assault claim is going to be complex, challenging, and filled with highly charged emotions. Such cases require an attorney who not only knows the law surrounding assaults but is sensitive to the needs and requirements of survivors going through the legal process.

In particular, a sexual assault that happened at an Airbnb in an unfamiliar setting can be particularly traumatizing for the survivor to deal with. At The Pride Law Firm, we aggressively pursue justice for victims and accountability for perpetrators. Our team is trauma-informed and includes a full-time in-house Survivor Advocate. We also keep a free resource hub open to survivors and their families, whether or not you ever become a client.

If you or a loved one needs legal representation and guidance, contact us at 619-516-8166 for a free, no-obligation consultation. All of our communications are held strictly confidential and conducted in a way that is reassuring and comforting for the survivor.

An Airbnb is only one of the places where a business’s negligence can enable an assault. If yours happened somewhere else, start with our San Diego sexual assault lawyer page, or browse the full sexual assault practice to find the setting that matches your case.

What Should I Do if I Have Been Assaulted at an Airbnb?

Get to safety first. Make sure you’re somewhere secure, and contact a loved one who can be there for you. Contact local authorities and seek medical attention right away. If you need advice, or you just need someone to talk to, call a hotline. The RAINN National Sexual Assault Hotline is free, confidential, and open 24/7.

Then preserve what you can. Screenshot the listing itself, because a host can edit or delete it. Save your booking confirmation, every message you exchanged with the host, and any photos you took of the property, especially of the locks, the keypad, or anything that looked wrong to you.

Finally, consider talking to an attorney about what to do next. You don’t need to have reported the assault to Airbnb or to the police in order to bring a civil claim, though preserving those records helps if you did.