Holding Negligent Hosts Accountable After Rental Property Injuries
Santa Fe is one of New Mexico’s top tourist destinations, and thousands of visitors each year book stays through short-term rental platforms like Airbnb and VRBO. When a property host fails to maintain safe conditions, guests can suffer serious injuries from hazards like broken stairs, defective railings, slippery floors, and unsecured pools.
At Hunt Law Firm, our Santa Fe premises liability attorneys represent injured guests who deserve compensation for the harm caused by a negligent host or property owner. We investigate every claim thoroughly, identify all liable parties, and prepare your case for trial if that is what it takes to secure the result you deserve.
Why Choose Hunt Law Firm?
When an Airbnb injury claim involves an out-of-state host or a platform like Airbnb fighting to minimize what it pays, you need an attorney who will not back down. Hunt Law Firm brings a trial-first approach to every case, and that distinction sets us apart:
- Nearly 20 years of personal injury litigation experience in New Mexico courts
- Proven track record of real results, including multi-million-dollar jury verdicts of $9,000,000 against a hospital and a $2,875,000 verdict in a premises-related fall case
- A commitment to preparing every case as if it is going to trial, not settling for a lowball offer
- Free consultations, including at your home or hospital, with no fees unless we win
- Legal guidance offered in several languages to serve Santa Fe’s diverse community
- Top-rated trial lawyers recognized by Best Lawyers, Super Lawyers, and the American Association of Justice
Unlike many personal injury attorneys who settle their cases early, we fight to maximize the compensation our clients recover. When insurance companies know your attorney is willing to go to trial, it changes the entire dynamic of negotiations.
Who Is Liable for an Injury at an Airbnb in Santa Fe?
Under New Mexico premises liability law, a paying guest at a short-term rental is generally considered an “invitee.” Hosts must take reasonable steps to ensure the property is safe for invitees.
A host who fails to repair known hazards, warn guests of dangerous conditions, or comply with local safety codes may be considered to have breached that duty. Identifying the responsible party in an Airbnb injury case can be more complex than a typical slip-and-fall claim because multiple parties may share fault.
Potential defendants in an Airbnb guest injury claim include:
- The property host or owner who neglected maintenance or failed to disclose hazards
- A property management company responsible for upkeep and cleaning
- Airbnb itself, if the platform knowingly continued to list a property with documented safety complaints
- Third-party contractors or product manufacturers whose defective work or equipment caused the injury
New Mexico is a pure comparative negligence state, meaning that if both the plaintiff and the defendant are found to be at fault, they will split the cost of damages according to their percentage of fault. This standard is in contrast with modified comparative negligence in other states that bar recovery once the plaintiff’s fault reaches 50% or 51%. This means that even if an insurance adjuster claims you share any responsibility, you may still be entitled to significant compensation.
What Types of Injuries Happen at Short-Term Rentals?
Airbnb properties are private residences that may lack the safety inspections and building code compliance required of hotels and commercial lodging. Santa Fe approved a Short-Term Rental Ordinance on December 9, 2020, effective January 1, 2021, requiring all short-term rental owners and operators to follow specific rules and regulations. Even with these regulations, hazardous conditions persist at some rental properties.
Common injuries our firm handles in these cases include:
- Broken bones, sprains, and head injuries from slip-and-fall accidents on wet or uneven surfaces
- Burns and smoke inhalation caused by missing or non-functional smoke detectors and fire extinguishers
- Drowning or near-drowning incidents in unsecured or poorly maintained pools and hot tubs
- Cuts and lacerations from broken glass, damaged furniture, or exposed nails
- Electrical shocks from faulty wiring or defective appliances
- Traumatic brain injuries from falls down staircases without proper handrails or lighting
If you or a family member suffered any type of injury during a stay at a Santa Fe rental property, documenting the hazard and seeking medical attention immediately strengthens your ability to pursue a claim.
How Does Airbnb’s Insurance Work for Injured Guests?
AirCover for Hosts includes up to $3 million USD in Host damage protection and up to $1 million USD in Host liability insurance, which covers hosts when a guest is hurt or their belongings are damaged or stolen during a stay. This coverage is automatically applied to every listing booked through the platform at no additional cost to the host. However, this insurance is designed to protect hosts, not guests, and it comes with significant limitations.
There are exceptions to this policy. For example, Airbnb’s insurance may not cover injuries due to illegal activities or intentional acts such as assault, car accidents, and certain environmental exposures like asbestos, mold, and pollution.
That $1 million liability coverage protects hosts, not guests, when they’re found legally responsible for guest injuries. Effective March 2025, for hosts with six or more listings, Airbnb’s $1M liability may require other insurance contributions or apply as excess. An experienced attorney can evaluate whether the host’s Airbnb coverage, their personal homeowner’s insurance, or a direct personal injury lawsuit offers the best path to full compensation for your injuries.
What Should You Do After an Injury at a Rental Property?
The steps you take immediately after an Airbnb injury can make or break your claim. Acting quickly preserves evidence and strengthens your legal position. We recommend the following:
- Seek medical attention right away, even if your injuries seem minor at first
- Photograph the hazardous condition that caused your injury, including broken fixtures, wet surfaces, or missing safety equipment
- Report the incident to the host through the Airbnb messaging system so there is a written record
- Collect the names and contact information of any witnesses
- Avoid giving recorded statements to insurance adjusters before speaking with an attorney
- Contact a premises liability attorney as soon as possible to protect your rights
Under New Mexico law, you have three years from the date that you were injured to file a premises liability claim, and this is a very hard and unforgiving deadline. While three years may seem like a long window, evidence deteriorates quickly. Hosts may repair dangerous conditions, surveillance footage gets deleted, and witness memories fade. The sooner you contact us, the stronger your case will be.
What Compensation Can You Recover?
Depending on the severity of your injuries, you may be entitled to recover damages for medical expenses, lost wages, pain and suffering, and more. In the case of catastrophic injury or wrongful death, additional compensation may be available to account for long-term care needs or loss of companionship. In cases involving extreme or reckless negligence by a host, punitive damages may also be on the table.
Our firm has a proven record of maximizing compensation for injured clients throughout Santa Fe and New Mexico. We know how to fight for results that reflect the true impact of your injuries. Our lawyers are aggressive negotiators and seasoned trial attorneys. With decades of experience and the resources to pursue the most complex case, we fight to protect your right to fair and just compensation for an Airbnb injury.
Talk to a Santa Fe Airbnb Injury Attorney Today
If you were hurt at a rental property in Santa Fe due to an unsafe condition, Hunt Law Firm is ready to stand by your side. We offer free consultations, including at your home or hospital, and you will not pay any attorneys’ fees until we win compensation for you. Contact Hunt Law today to schedule your free case evaluation.
Does Airbnb’s terms of service prevent me from suing for an injury?
Airbnb’s terms of service include language attempting to limit its own liability, and certain claims against the platform may be subject to arbitration. However, these terms generally do not prevent you from filing a premises liability lawsuit directly against the host or property owner. An attorney can review the specifics of your case to determine your best options.
Can I file a claim if I was visiting someone else’s Airbnb and got injured?
Yes. New Mexico premises liability law protects not only the guest who booked the rental but also visitors to the property. If you were lawfully on the premises when the injury occurred, you may have a valid claim against the host or property owner for failing to maintain safe conditions.
What if the Airbnb host lives out of state or out of the country?
Many Airbnb properties in Santa Fe are owned by out-of-state investors. This does not prevent you from filing a claim in New Mexico. Because the property is located here and the injury occurred here, New Mexico courts generally have jurisdiction over the case. Santa Fe’s short-term rental ordinance requires a local operator who must be able to be physically present at the short-term rental unit to respond to emergencies and complaints within one hour. Your attorney can identify the responsible parties and pursue your claim regardless of where the host resides.