Who Is Liable If I Am Injured At An Airbnb?
When you’re staying at an Airbnb, it is reasonable to expect that the home is safe and free of potential dangers and hazards. It is the property owner’s responsibility to take care of the property and ensure it is safe before allowing people to stay there. If they do not, and you are injured while staying at their property, you could have a premises liability case.
What Is A Premises Liability Case?
A premises liability case is a case in which someone is injured on another person’s property or “premises.” In order to win a premises liability case, an attorney must prove there was a dangerous condition present on the property, and that the dangerous condition resulted from the property owner’s negligence.
In the state of California, the statute of limitations for a premises liability case is two years. This means that within two years from the date of injury, you must bring forward a claim against the defendant, or else you lose the opportunity to obtain a settlement for said injury.
Although Airbnb homes are vacation homes, it is important to remember that they are a business. So it is the responsibility of the property owner to maintain proper upkeep of their rental home, including being aware of potential dangers and fixing them quickly, so that their guests are not injured on their property. Failure to do so would constitute negligence on the property owner’s part.
What Sort Of Dangerous Conditions Might Be Present At An Airbnb?
We have seen a variety of hazards at Airbnb properties, but some of the most common hazards are the following:
- Broken stairs or steps
- Improper or missing stair railing
- Uneven or broken flooring
- Loose carpeting or rugs
- Potholes in driveway
- Slippery bathtubs or showers
- Wet floors from leaky plumbing or appliances
However, this is not an exhaustive list, and there are many ways one can be injured at an Airbnb if the property owner has not exercised due caution in maintaining the premises.
Some common injuries we have seen from Airbnb cases include broken bones, back and neck injuries, lacerations, and in more serious cases amputations, paralysis, traumatic brain injuries, and even death. If you’ve been injured on vacation while staying at an Airbnb, the property owner and Airbnb could be liable for paying for your medical bills.
Who Is Liable If I Am Injured At An Airbnb?
If you are injured at an Airbnb, the host or property owner is liable for your injuries, so long as the injury resulted from their negligence and they did not inflict intentional harm. In most cases, Airbnb hosts have Airbnb Host Protection Insurance, which is an insurance policy offered to hosts in case of injury on their property. This insurance can pay out up to $1 million to a guest injured on an Airbnb-listed property. However, it is important to note that injuries from pollution or mold are not covered under this policy.
If you suffer an injury at an Airbnb, the first thing you should do is seek immediate medical attention. The longer you wait to get treatment, the worse your condition could get. Seeking immediate medical treatment also ensures your injury is properly linked to your stay at the Airbnb.
The next thing you should do is file the injury claim directly with Airbnb. They offer their insurance intake form directly on their website, and it should be filled out as soon as possible so that the injury is well documented. Then, consider seeking legal representation from a personal injury lawyer, so that you can ensure that you get a fair settlement for your injuries.
Talk To The Premises Liability Lawyers At The Ryan Law Group
If you suffered an injury as a result of a negligent Airbnb host, don’t hesitate – call an attorney as soon as possible to see if you have a valid claim. The skilled attorneys at The Ryan Law Group have experience with Airbnb cases, and can walk you through the process and make sure you get a proper settlement for your injuries. Contact us today at 310-299-9550.