If you believe that an Airbnb property owner’s failure to provide a safe environment caused your slip and fall accident, you may be eligible to file a lawsuit to pursue compensation for the full extent of your damages.
After a slip and fall injury occurs at an Airbnb rental, you need to know your legal rights. An experienced personal injury lawyer can help you determine liability and build a strong case against any negligent party that may have contributed to the accident. Call the award-winning trial attorneys at FlorinIRoebig for a free consultation.
Airbnb Rental Growth In Popularity
Since Airbnb was established in 2008, it has disrupted the hotel industry and essentially created a whole new industry of its own. The online platform is headquartered in San Francisco, California and offers peer to peer vacation rental services. More than 40 million Americans used Airbnb services in 2019 alone. The presence of Airbnb in the short-term accommodation market has transformed the way we travel. Essentially, Airbnb delivers a technological environment, which hosts use to generate income and guests use to book homes.
When browsing for an accommodation, you can choose from a wide array of trendy apartments, unique cottages, and cozy homes. Guests enjoy affordability, accessibility, and a more local, authentic experience. Although renting an Airbnb may seem like a win-win situation, it does not come without risks.
Causes Of Slip And Falls At Airbnb Rentals
Large hotels and resorts regularly conduct inspections to ensure safety standards are being upheld. It is up to the individual Airbnb host to provide a safe environment and check for potential hazards on a regular basis. When hosts fail to satisfy their responsibilities, slip and fall accidents may occur. The following dangerous conditions are common causes of Airbnb slip and fall accidents:
- Uneven or cracked flooring surfaces
- Broken steps or stairs
- Poor lighting in an area with potential hazards
- Protruding objects, such as nails or splinters
- Spills left behind from the previous guest or housekeeping
- Stairways with defective or absent handrails
- Loose or torn carpets or rugs
- Highly polished or waxed wood floors
- Leaky appliances, roofs, showers, or bathtubs
- Walkways cluttered with debris
- Pavement irregularities, such as potholes
- Holes in the backyard
These are just a few of the many different perils that may have caused your slip and fall accident. One of the biggest mistakes injured victims make is assuming that their accident is a result of their own clumsiness. Don’t miss out on significant compensation by overlooking what and who really caused your Airbnb slip and fall accident.
Common Airbnb Slip And Fall Injuries
Slips, trips, and falls can lead to devastating injuries that are not only painful, but also very costly. According to the Center for Disease Control and Prevention, one out of every five falls result in a serious injury. Having a slip and fall is the most common type of accident while on vacation and may lead to various injuries including:
- Hip, wrist, and ankle injuries are among the most commonly reported slip and fall injuries and may result in varying degrees of severity from a sprain to a fracture.
- Trauma to the knee from the twisting motion of a slip and fall can result in a sprain, tear, or fracture.
- Neck, back, and spinal cord injury may cause pain ranging from mild to agonizing.
- Shoulder trauma may cause a dislocated, torn, or damaged rotator cuff.
- Head injuries may differ in severity from concussions to traumatic brain injury.
Regardless of what type of injury you sustained as an Airbnb renter, it is important to seek medical attention right away. Even if the injury seems minor, you should see a doctor to ensure your condition doesn’t worsen. If you end up needing to file a lawsuit, medical documentation will help you prove your injury was a result of the accident and not a pre-existing condition.
Airbnb’s Host Protection Insurance Coverage
Most standard homeowner’s insurance policies do not cover liability for commercial or short- term rental guests. Therefore, if you are injured while renting an Airbnb, you will not be able to collect damages from the host’s home insurance policy.
Luckily for guests and hosts alike, Airbnb offers coverage in the form of a program called “Host Protection Insurance.” HPI provides primary liability coverage for up to $1 million per occurrence for claims involving bodily injury or property damage. Airbnb’s insurance program is automatically applied to every approved listing and should cover slip and fall related incidents due to negligence. However, HPI does not cover the following:
- Damage or injury resulting from intentional acts, such as sexual assault or battery
- Bodily injury caused by property issues; such as bed bugs, mold, asbestos, Chinese drywall, or pollution
- Injuries related to a car accident on the premises
Premises Liability Law
Airbnb property owners owe a duty of care to their guests to maintain reasonably safe conditions, provide sufficient warning of any potential hazards on the premises, and remove any known risks promptly. Under the legal theory of premises liability, Airbnb guests are considered “invitees” and are owed the highest level of care.
Hosts are legally required to exercise reasonable care to find and prevent any dangerous conditions that may result in injuries. When a guest is hurt, the host can be held accountable for hazards they were aware of or should have been aware of.
If you were visiting a registered Airbnb guest when the accident happened, you are likely considered a “licensee.” Licensees still have legal options and may have cause to sue in the event of an injury. The lowest duty of care is owed to “trespassers” or those who did not have permission to be on the property.
Assessing And Proving Liability In An Airbnb Accident
The foundation for a successful personal injury claim is being able to prove negligence or in other words, liability. As mentioned previously, negligence means the Airbnb host did not exercise reasonable care. Many Airbnb injury victims wonder exactly what “reasonable care” entails. When assessing liability in an Airbnb accident, it can be useful to answer the following questions:
- Did the property owner have actual or “constructive knowledge” of the dangerous condition?
- Did the dangerous condition exist for such a length of time that the Airbnb host should have been aware of it and taken action to remedy it?
- Did the Airbnb host routinely check the property for potential dangers?
- Could the hazard have been avoided if you were properly warned that it existed?
Proving negligence in premises liability claims can be complex and may require legal expertise. If you or a loved one have sustained a slip and fall injury as a result of a dangerous condition at an Airbnb rental, you need the right attorney to help you assess and prove liability. For real-time assistance with your case, call the highly knowledgeable Airbnb accident attorneys at our law firm today.
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Why Hire A Personal Injury Attorney?
Seeking compensation for your slip and fall related injuries can be a stressful and time-consuming ordeal. Premises liability cases are often difficult and complex, but our trusted attorneys can help you recover damages for any of the following losses:
- Medical expenses
- Lost wages
- Pain and suffering
- Punitive damages
- Loss of consortium
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Connect With An Airbnb Accident Lawyer
Were you seriously injured as a result of a slip and fall accident caused by an Airbnb host’s negligence? Don’t settle for just any law firm out there. The aggressive personal injury attorneys at FlorinIRoebig have extensive experience handling Airbnb accident claims and premises liability lawsuits.
We have the resources to take on even the largest corporations and insurance companies. Make a phone call today to connect with a real person to discuss the details of your case. Even if you don’t hire us, we can give you valuable legal advice that will help you maximize the value of your personal injury claim.
