Is AirBnB Liable for Hidden Cameras?

With the rise of Airbnb, concerns about hidden cameras have become increasingly prevalent. Unfortunately, these concerns were recently validated after an Airbnb representative testified that they have generated 35,000 customer support tickets on the matter over the last decade. The thought of being secretly recorded in a place where you expect privacy is not only unsettling but also illegal, and even if Airbnb was unaware of a host’s actions, they could still be held liable.

Understanding Your Rights as an AirBnB Guest

When you rent an Airbnb you have a reasonable expectation of privacy, just like you would in a hotel room, and in Washington State you cannot record someone in a private space without their consent. Common areas, such as the front door, are permitted but the same does not go for private spaces such as the bedroom or bathroom. The presence of a hidden camera in areas where privacy is expected is a violation of your rights. The host of the rental property may face legal charges and depending on the circumstances so could Airbnb. 

Can You Sue Airbnb for Hidden Cameras?

Airbnb typically shields itself from liability through its Terms of Service, which you agree to when you sign up for the platform. These terms often include clauses that limit Airbnb’s responsibility for the actions of hosts. However, there are still circumstances in which Airbnb could potentially be held liable.

Examples of Circumstances Where Airbnb Could Be Liable For Hidden Cameras

• Negligence in Screening Hosts:

  If it can be proven that Airbnb was negligent in its screening or monitoring processes, there might be a case. For instance, if Airbnb failed to act on previous reports of similar incidents involving the same host, they could be held liable for not taking necessary precautions to protect future guests.

• Failure to Enforce Policies:

  Airbnb has policies against hidden cameras in private spaces. If the company did not enforce these policies or ignored reports of violations, there could be grounds for a lawsuit.

• Misrepresentation:

  If Airbnb misrepresented the safety of the property or the reliability of the host, leading you to believe that the property was safe, this could form the basis of a legal claim.

Steps to Take If You Find a Hidden Camera In Your AirBnB:

If you discover a hidden camera in your Airbnb rental, it is crucial to act swiftly and strategically to protect your rights.

• Document Everything:

  Take photos and videos of the hidden camera and its location. Make sure to capture any identifying marks, such as the brand or model of the camera. If possible, preserve any evidence as to how the camera was connected or transmitting data.

• Report to Law Enforcement:

  Immediately contact local law enforcement to report the hidden camera. In many instances, the host may be subject to criminal charges. A police report can also be valuable evidence if you decide to pursue a civil lawsuit.

• Report to Airbnb:

  Notify Airbnb as soon as possible through their platform. Airbnb typically takes such reports seriously and may remove the host from the platform. However, reporting to Airbnb does not replace contacting law enforcement.

• Consult an Attorney:

  Given the complexity of these cases, consulting with an experienced attorney is essential. A lawyer can help you understand your rights, evaluate the strength of your case, and decide whether to pursue legal action against the host, Airbnb, or both.

If you or someone you know has been affected by a hidden camera in an Airbnb rental, it’s crucial to seek legal advice. An experienced attorney at Washington Law Center can help you navigate the complex legal landscape and ensure your rights are protected.