- Mar 5, 2023

Austin Airbnb Accident Lawyer

Are you a victim of an accident in an Airbnb rental in Austin, Texas? Whether the accident happened to you or your guest, injures that occur within a residence can have long-lasting impacts. If a host's unsafe or negligent actions have left you with injuries, unpaid medical bills, and other forms of economic and non-economic damages, you should consult with an experienced Airbnb Accident Lawyer as soon as possible to analyze your potential claim and also aid you through the litigation process if you have a valid claim for compensation. On this page, we will provide you with valuable information about Airbnb accidents, the company's Host Liability Insurance program, what it takes to prove liability in these types of claims, and how an attorney can help you seek justice, today.

What is a Airbnb Injury Lawyer?

An Airbnb injury lawyer is a legal professional who specializes in representing clients who have been injured while staying at an Airbnb rental property. These civil attorneys are typically well-versed in premises liability law, which holds property owners responsible for failures in maintaining a safe environment for guests and visitors. An Airbnb injury lawyer represents national clients for injuries that occur here in Austin and will help you navigate the legal process and protect your legal rights against the local property owner.

Not all personal injury attorneys are verses in litigating claims against Airbnb. Cases involving injured guests require that the lawyer gathering evidence, interviewing witnesses, and building a strong case to establish that the property owner was negligent in their duty to maintain a safe environment.

Cost Of Hiring An Airbnb Injury Lawyer in Austin, Texas

Search for an Airbnb Injury Attorney willing to handle the case on a contingency basis. This fee arrangement means that the lawyer's fee is a percentage of either the settlement or the jury award received by the client and that the attorney doesn't receive any compensation if they lose the case.

The size of the personal injury attorney's fee usually depends on whether the case is settled before or after filing a lawsuit. If settled before, the lawyer typically receives one-third of the settlement amount. For example, if the settlement is $90,000, the lawyer gets $30,000. If settled after filing the lawsuit, the lawyer usually receives 40% of the amount. For instance, if the settlement is $100,000, the lawyer gets $40,000 off the top. The percentage may vary depending on the law firm.

Although these percentages may seem high, lawyers are motivated to maximize their client's financial recovery as it will increase their fees. Furthermore, if the case is lost, the injured victim owes nothing to the lawyer.

Why You Need an Airbnb Injury Attorney

Airbnb has expanded and established a robust legal team to deal with liability claims against the company and its hosts. As a result, it can be challenging for guests who have been injured to obtain fair compensation. It is possible for Airbnb to shift responsibility to the homeowner, but the homeowner's insurance may not be sufficient to cover the damages. If you're seeking justice, the attorneys at Rose, Klein & Marias LLP can provide the guidance you need. Our team can assist you in holding the appropriate party responsible and obtaining appropriate compensation.

Common Types of Airbnb Accidents

A property listed on Airbnb may have the same risks and flaws as any other property, which could be worsened by the absence of full-time occupants. When the property owner fails to conduct routine maintenance checks, the property may deteriorate over time. The property owner is legally responsible for ensuring the safety of all guests, including those who are paying to stay through Airbnb. Failing to do so could result in numerous severe accidents.

Slip and fall accidents
Falling objects or tree limbs
Structural collapses
Exposure to toxic or hazardous substances
Poorly maintained premises
Animal attacks
Fires
Explosions
Lead paint
House fires
Fault wiring
Unmaintained driveways or walkways
Unlit areas or insufficient lighting
Electrocutions
Swimming pool accidents
Criminal attacks
Food poisoning
Broken gates
Ingestion of drugs left in the home
Drowning

Injuries That Occur Within Airbnb Experiences

Staying at an Airbnb host's property can be a comfortable and affordable alternative to traditional lodging options. However, guests can still suffer injuries while staying in these properties. Some of the most frequent injuries include:

Hosts have a legal responsibility to maintain their properties and keep them safe for guests. Guests should also take precautions to protect themselves from potential hazards while staying at an Airbnb host's property.

Airbnb Accidents and Premises Liability

Premises liability law in Texas imposes a duty on property owners to keep their premises safe for guests and visitors. A homeowner who fails to meet this duty may be held liable for any injuries sustained by guests on their property. To prove liability against a negligent homeowner in Texas, a plaintiff must establish four elements: duty, breach, causation, and damages.

The duty element requires the homeowner to have a legal obligation to ensure the safety of their guests. This duty applies to all guests, including those who are invited or allowed on the property, and includes a duty to warn of any known hazards that are not open and obvious.

The breach element involves a failure of the homeowner to uphold their duty to keep the property safe. This can include failure to maintain the property or address known hazards, or failure to warn guests of hazards.

Causation requires a link between the homeowner's breach of duty and the injuries sustained by the guest. The plaintiff must demonstrate that the homeowner's actions or inactions caused or contributed to the injuries.

Finally, the damages element requires proof of the actual harm suffered by the guest, which can include physical injuries, emotional distress, medical expenses, lost wages, and pain and suffering.

To establish liability, the plaintiff must present evidence to support each of these elements. This may include photographs, witness statements, medical records, and expert testimony. It is important to note that Texas follows a modified comparative negligence rule, which means that a plaintiff's recovery may be reduced by their percentage of fault in causing the accident.

Scooter Injuries at Airbnb Locations

Electronic scooters have become a significant cause of injuries at Airbnb properties. Many people wonder if they can take legal action in cases such as tripping over a Bird scooter left on the ground, falling over an Uber scooter, or getting hurt by a Lime scooter left on the sidewalk at an Airbnb. The answer is yes, depending on the circumstances, you may have a claim against either the scooter company or the Airbnb. As a guest, you have the right to expect a safe environment, and the property owner has a responsibility to ensure that there are no hazards. If the property has a history of scooters being left on the premises, the owner must inform you of this to avoid potential injuries.

Does Homeowners Insurance Cover Injuries That Occur During An Airbnb Rental Experience?

When a home is used for business purposes, such as home-sharing, coverage becomes less clear. Insurers typically view home-sharing as a business activity and, as a result, standard homeowners policies may not provide sufficient coverage for those who regularly rent out their property. Liability coverage for bodily injury and property damage is usually excluded from home insurance policies for any business activities conducted from the home. Relying solely on a homeowners policy for protection could result in being underinsured. There is an exception, however - most homeowners insurance policies do provide protection for occasional rentals if the insurance company is informed beforehand.

Does Airbnb pay for injuries to guests at a host's property?

Airbnb pays for injuries guests experience due to the negligent or unsafe actions of the host. However, payment is not automatic or guaranteed, but instead requires sufficient proof that the homeowner violated is legal duty to their invitees, licensees, and their guests during the rental experience. Also, the person harmed must show that the injuries they sustained are linked to the defective or harmful condition in existence during their visit.

If you sustain an injury while staying at an Airbnb property, it's crucial to seek immediate medical attention. This is because your medical records can play a significant role in supporting your injury claim, as they provide indisputable evidence of your injuries and the treatment required. A doctor's diagnosis and recommended course of treatment can help establish that an injury indeed occurred, which is essential in proving liability in an Airbnb injury claim.

Understanding Host Liability Insurance

Airbnb provides Host Liability Insurance that covers up to $1 million in liability claims in the event a guest is injured or their property is damaged while staying at a host's property. This insurance is automatically included for all hosts at no additional cost. However, it's important to note that this insurance does not cover intentional acts, property damage caused by the host, or certain other exclusions. Additionally, Airbnb encourages hosts to obtain their own liability insurance to ensure they have adequate coverage.

How Do I make a claim against Airbnb for an Accident Through Host Liability Insurance?

If you have been injured during your stay at an Airbnb property, you may be able to file a claim against Airbnb through the host liability insurance. Here are the steps to follow:

Report the accident to Airbnb: Contact Airbnb's customer support team as soon as possible to report the accident and your injuries. Airbnb will create a case number and ask for details about the accident, such as the date, location, and the nature of your injuries.
Provide supporting evidence: To support your claim, you'll need to provide evidence such as medical bills, photographs of the injury and the accident scene, witness statements, and any other relevant documentation.
File a claim: Once you have reported the accident and provided supporting evidence, Airbnb will guide you through the claim filing process. This will involve completing and submitting a claim form, providing additional supporting documentation, and answering any follow-up questions.
Wait for a response: Airbnb's claims team will review your claim and determine if you are eligible for compensation. If your claim is approved, you will receive an offer of settlement. If your claim is denied, you can appeal the decision or seek legal advice.

It's important to note that the host liability insurance provided by Airbnb has certain exclusions and limitations, so it's best to read the policy carefully to understand what is covered and what is not. If you are unsure about the claims process or need assistance, consider speaking to a personal injury lawyer who can guide you through the process and help you seek the compensation you deserve.

Steps To Take If Your Are Injured Hurt While at an Airbnb?

To ensure that you have the legal right to recover damages for your injuries, there are several steps you should take:

Seek immediate medical attention

Call 911 or go to the hospital right away. It's important to inform medical professionals about all your injuries in detail, as insurance companies may argue that a claimant could not have been injured if they didn't seek immediate medical attention. Even if you feel okay, a medical professional may identify injuries you missed due to adrenaline.

Gather evidence

Take photos of the cause of the accident and the premises. Collect contact information from witnesses and record their statements. Additionally, keep photos of your injuries, video evidence of how the incident occurred, and any other relevant evidence.

Keep Your Receipts

Keep all receipts and documents that prove you were a paying customer of Airbnb and that you were renting the specific property at the time of the incident. These can include credit card statements, confirmation emails, and more.

Don't Speak To The Insurance Adjuster

Any comments you make could be used against you in court. Insurance adjusters may offer you compensation, but accepting it could hurt your chances of seeking additional damages.

Consult An Attorney

Seek legal assistance from experienced personal injury lawyers. Filing and winning a claim can be difficult without assistance. Our law firm can help you through the process and fight for your rights to recovery.

It is a common question to ask whether hiring a lawyer is necessary after sustaining damages at an Airbnb. The answer is yes, you should hire a lawyer. Insurance companies can be difficult to deal with and often try to avoid paying victims of physical injuries. Negotiating with an insurance agent can be time-consuming and draining, especially if your claim is being constantly rejected or ignored. A competent lawyer can handle your case and ensure that it is efficiently resolved.

Having an attorney can help you prove that the property owner owed you a duty of care, the duty of care was breached, the breach resulted in an accident, and the accident caused physical injuries.

Austin, Texas In A Hub For Airbnb's

Austin, Texas is a popular destination for Airbnb guests due to its vibrant music scene, cultural events, and outdoor activities. The city has also become a hub for Airbnb hosts, with thousands of listings available for visitors and hundreds of new residences being listed on the rental platform each month. The incredible amount of rental units available to locals and visits has even led to concerns about the impact of short-term rentals on the city's housing affordability and availability. As a result, the city has implemented regulations on short-term rentals, including limits on the number of guests, registration requirements, and taxes on rentals. Despite these regulations, Airbnb continues to be a popular option for visitors to Austin which has caused the city to continue to be a hotbed for premises liability claims.

The Statute of Limitations To Assert A Claim

In Texas, you have a two-year statute of limitations to file a premises liability lawsuit from the date of the injury. Failing to file a claim within this time frame will result in an inability to collect any compensation in the future. It is crucial to act promptly when you wish to file a claim as evidence can be corrupted or lost over time, making it difficult to prove your case. The statute of limitations allows ample time for both parties to gather evidence and build a case against one another.

However, there are some situations where the statute of limitations can be extended beyond the two-year limit, such as if the victim is a minor, incapacitated, or if the defendant is absent from the state. The victim will not have to adhere to the statute of limitations until they turn 18 years old or return to functional health or presence of mind. If the defendant is not present in the state, the statute of limitations will be frozen until they return to Texas.

Many individuals miss out on the compensation they deserve because they are unaware of the statute of limitations on their claim. They may not know if there is a time limit, how close they are to the deadline, or if they are eligible for any extensions. If you seek our firm's assistance, we can inform you of the deadline for your case and help you submit your claim to avoid dismissal due to inactivity.

Contact an Austin Airbnb Accident Attorney Today

If you were injured in an Airbnb while visiting Austin, Texas dial 866-434-0014 today to speak with an attorney about your potential claim.

At Sneed & Mitchell LLP, we are dedicated to helping you receive the compensation you deserve for any injuries you may have sustained while renting an Airbnb property. Our team of skilled attorneys will work tirelessly to ensure that you are not responsible for the expenses related to your injuries, especially if another party is at fault. You can trust that your case is in good hands with our aggressive lawyers who will not stop negotiating with insurance agencies until we reach a settlement that you are satisfied with. If we are unable to bring you a satisfactory amount of restitution, we will be more than happy to take your case to court.

We operate on a contingency basis, which means that you will not have to pay any legal fees or costs upfront. We cover all costs associated with your case, and if we are unable to win your case, you will not owe us any money. We believe that you should not have to spend your own money when pursuing compensation for the negligent actions of another party. To learn more about our ZERO FEE Guarantee, please visit our website.

During the consultation, we will provide you with details about the lawsuit and what the value of your case may be. Additionally, you can ask us any questions you may have. We take your privacy seriously and all consultations are completely confidential.