If You’re Injured In An Airbnb | Insurance Claims and Lawsuits
Were you injured while staying at an Airbnb? If so, you may be entitled to monetary compensation that includes all economic and non-economic damages caused by dangerous conditions at the short term rental. However, properly pursing a claim and of lawsuit against Airbnb's Host Liability Policy can be tricky. In this blog post we'll provide step-by-step instructions on what to do it you are injured and how to file an injury claim against Airbnb, including gathering evidence, creating a preservation letter, and submitting your claim to Airbnb. We will also discuss the property owner's exposure to claims and civil actions and what insurance coverages are accessible to you. No matter what, know that you have options if you were injured by a defective or unsafe condition while staying at an Airbnb experience.
If you are injured in an Airbnb, call 866-434-0014 to speak with an Airbnb Injury lawyer to discuss your rights and options.
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Injured Airbnb Guest Resources
Need help with your injury claim? Call 866-434-0014.
AirBnb has an insurance program called Host Liability Insurance. It covers your bodily injuries and damage to your personal to experience during your stay up to $1 million dollars when homeowners are found legally responsible for guest injuries.
Airbnb and How The Company Works
Airbnb is an online marketplace and hospitality service that allows people to rent out their homes, apartments or spare rooms to guests. It operates on a platform that connects guests with property owners who are offering their properties for short-term rental. To use Airbnb, property owners create a listing for their property on the platform and set a price for their rental. Guests can then browse through available listings in their desired location, select a property, and book it for the desired dates. The payment is processed through Airbnb and the host is paid after the guest checks in. The platform also provides features such as messaging, reviews and ratings, and customer support to ensure a smooth experience for both guests and hosts.
Can I sue Airbnb for injury?
If you sustain an injury during an Airbnb stay, you may have the option to take legal action against the Airbnb operator. To hold the operator responsible, they must have acted negligently in some way that contributed to the incident. This implies that the accident must have occurred due to the operator's failure to take necessary measures to ensure the safety of the property.
For instance, if the operator neglects to repair a broken hand railing on the stairs, causing it to give way and leading to your fall, the operator would be liable for their negligence as they should have repaired the hand railing. It is essential to carefully determine how the accident happened to determine whether the operator's negligence was a factor. Once it is established that the operator's negligence caused the incident, they are legally obligated to compensate you for any damages incurred.
What Damages are Recoverable After an Airbnb Injury?
Depending on the particular circumstances of your Airbnb case, there are different types of damages that may be recovered. Sneed & Mitchell LLP strive to recover all applicable types of damages for your claim, which includes both economic and non-economic damages.
Some of the common examples of damages that are recovered after Airbnb injury accidents include:
Economic damages
Medical expenses: This includes expenses for hospitalization, doctor visits, emergency room visits, surgeries, medication, medical equipment, and any other medical expenses related to the injury.
Rehabilitation expenses: Physical therapy, occupational therapy, speech therapy, and any other rehabilitation services required to recover from the injury.
Lost income: Missed wages or salaries that were lost due to the injury, including past and future earnings.
Lost earning capacity: This category includes of damages occurs when a person is unable to work in the same field or at the same capacity as before the injury.
Property damage: Such as broken cellular phones, laptops, or any other form of personal property.
Home care expenses: When injuries cause long-term disfigurement or or recovery periods a person can be reimbursed or paid for expenses for in-home care services or hiring a caregiver to assist with activities of daily living.
Travel expenses: Traveling for medical appointments or treatments related to the injury are also covered.
Funeral and burial expenses: This includes expenses related to the funeral and burial if the injury resulted in a death.
Loss of business: This includes loss of customers, contracts, or profits a person's business experiences relatable to the impact of the accident on their life.
It is important to note that the types of economic damages that may be recovered depend on the specific circumstances of the case and the laws of the jurisdiction in which the lawsuit is filed.
Non-economic damages
Pain and suffering: Physical pain and suffering can include pain and discomfort from the injury itself, ongoing pain, and chronic pain. Emotional pain and suffering can include a wide range of emotional distress, such as anxiety, depression, fear, shock, humiliation, grief, and anguish.
Emotional distress: This includes emotional or psychological harm such as depression, anxiety, PTSD, or insomnia. Emotional distress is a type of non-economic damage that refers to the psychological harm or emotional suffering experienced by an individual as a result of a traumatic. Emotional distress can include a range of symptoms, such as anxiety, depression, fear, shock, humiliation, grief, and anguish.
Loss of enjoyment of life: This includes the loss of ability to participate in activities that were once enjoyed due to the injury.
Loss of consortium: This category includes loss of companionship, intimacy, or support from a spouse or family member due to the injury.
Disfigurement or scarring: Disfigurement or scarring can include physical alterations to the face, neck, limbs, or any other part of the body that may affect an individual's appearance, self-esteem, or ability to participate in social or professional activities.
Permanent disability or impairment: This can include physical or cognitive disabilities that impact an individual's ability to perform daily activities, work, or enjoy life as they did before the injury. Examples of permanent disability or impairment include paralysis, loss of limb or extremity, brain damage, blindness, or chronic pain.
Reduced quality of life: This includes a reduction in overall quality of life due to the injury and any resulting limitations on activities.
Inconvenience: Any inconvenience or disruption to the plaintiff's daily life resulting from the injury can be quantified and compensated for in a successful claim.
Humiliation or embarrassment: This includes any humiliation or embarrassment resulting from the injury, such as the need to use a wheelchair or mobility device in public.
Loss of reputation: Involves any damage to the plaintiff's reputation or public image resulting from the injury.
An experienced attorney can assist you in seeking a financial award for your personal injury case. If there is evidence of egregious cruelty or disregard for human life, punitive damages may be pursued. Although punitive damages are not commonly awarded in Airbnb injury cases, we will pursue recovery if it is applicable. It is important to note that punitive damages are not capped certain states.
Steps To Follow After Being Injured In An AirBnb
If you are injured while staying at an Airbnb rental, you should take the following steps:
Step #1: Seek medical attention
If you have sustained any injuries, it is important to seek medical attention as soon as possible. Common injuries that guests sustain includes fractured sternums, broken hips, concussions, and broken ankles, all of which require emergency medical treatment. Receiving the necessary treatment and care minimizes the impact on your health and well-being.
Step #2: Photograph The Scene
Take photographs of the area where the incident occurred, any hazards or defects that contributed to your injury, and any visible injuries you sustained. This evidence can be invaluable in establishing liability and pursuing compensation for your losses. It is important to note that Airbnb has insurance coverage to protect both hosts and guests, but they may deny coverage if the guest fails to report the accident promptly or provide adequate evidence of the injury and the dangerous conditions that led to it. Therefore, photographing the scene and reporting the incident to both the host and the Airbnb company as soon as possible can help ensure that necessary repairs are made to prevent future accidents and that you receive the compensation you deserve for your injuries and related losses, such as medical bills and lost wages.
For example, if you were injured due to a fall down the stairs, taking photographs of the condition of the stairs can be critical in proving that the host was negligent in maintaining the property and had a duty to repair or warn of the dangerous condition.
Step #3: Notify the host
It is crucial to notify the host of the incident as soon as possible. Reporting the injury to the host allows them to take immediate action to remedy the dangerous condition and also notify Airbnb to initiate the claims process. Delaying or failing to report the injury to the host may result in the loss of your right to pursue compensation for your damages.
Step #4 Report the incident to Airbnb
Once you’re safe and have obtained medical care, report the incident to Airbnb. You can use your Airbnb app, tap your Profile and select Get help, then tap Contact us under your trip details. This is the fastest way to provide the company notice of the incident and also timestamps the accident.
Step #5: Consider Host Negligence
After suffering an injury while at an Airbnb experience, it's important to take a moment to determine if it was caused by uncontrollable circumstances or if the host was at fault. To make this determination, you should consider the following:
Did hazardous conditions contribute to the accident?
Should the host have been aware of those conditions?
Could the host have taken reasonable steps to improve those conditions?
If the answer to these questions is "yes," then it's likely that the host failed in its duty of care as the premises owner and is responsible for the incident. It's also important to assess whether you or anyone else played a role in the accident. Even if you did contribute to the accident, the Airbnb host may still be liable. In certain cases a dangerous product might have caused your injuries, which might avail you to claim against the product maker under the theory of strict liability.
Step #6 Keep Records
Keep detailed records of the incident, including the date, time, location, and any medical expenses incurred.
Consider legal action: If the injury was due to the negligence of the host or a property defect, you may consider taking legal action to recover damages. It is advisable to consult with a personal injury attorney to determine your rights and options.
Step #6 Consider Legal Action
If the injury was due to the negligence of the host or a property defect, you may consider taking legal action to recover damages. It is advisable to consult with a personal injury attorney to determine your rights and options. A premises liability attorney with experience litigating claims against Airbnb can be your best resource. Be sure to ask if the lawyer handles claims on a contingency basis. You can also inquire about the value of your personal injury case to determine if the lawyer is good.
Who Is Liable If I’m Hurt While Staying at an Airbnb?
The standards for legal liability for Airbnb accidents are similar to those for any other personal injury case. Generally, to hold the Airbnb host liable for an accident, the injured party must prove that the host was negligent in some way that led to the incident. This requires establishing four elements:
Duty of care: The host had a legal duty to ensure the safety of their property and protect their guests from foreseeable harm.
Breach of duty: The host breached this duty of care by failing to take reasonable steps to prevent the injury.
Causation: The host's breach of duty caused the injury to the guest.
Damages: The guest suffered actual damages such as medical expenses, lost wages, and pain and suffering as a result of the injury.
It's important to note that in some jurisdictions, the legal standards for liability may be different for short-term rental hosts like those on Airbnb. Additionally, Airbnb's terms and conditions may impact the ability to bring legal claims against the company or hosts. In any case, it's recommended to seek legal advice from an experienced attorney who can advise on the specific circumstances of the case.
What Are the Standards for Legal Liability for Airbnb Accidents?
The standards for legal liability for Airbnb accidents are similar to those for any other personal injury case. Generally, to hold the Airbnb host liable for an accident, the injured party must prove that the host was negligent in some way that led to the incident. This requires establishing four elements:
Duty of care: The host had a legal duty to ensure the safety of their property and protect their guests from foreseeable harm.
Breach of duty: The host breached this duty of care by failing to take reasonable steps to prevent the injury.
Causation: The host's breach of duty caused the injury to the guest.
Damages: The guest suffered actual damages such as medical expenses, lost wages, and pain and suffering as a result of the injury.
It's important to note that in some jurisdictions, the legal standards for liability may be different for short-term rental hosts like those on Airbnb. Additionally, Airbnb's terms and conditions may impact the ability to bring legal claims against the company or hosts. In any case, it's recommended to seek legal advice from an experienced attorney who can advise on the specific circumstances of the case.
Is Airbnb Host Protection Insurance the Same as the Airbnb Host Guarantee?
It's crucial to differentiate between the Airbnb Host Protection Insurance and the Airbnb Host Guarantee as they serve different purposes. The Airbnb Host Protection Insurance is designed to protect guests who sustain injuries, while the Airbnb Host Guarantee is meant to protect the host in case a guest damages the property. If you're a guest who has been injured during an Airbnb stay or you have a guest who got injured while staying at your Airbnb, you can file a claim through the Airbnb Host Protection Insurance.
Does Homeowners’ Insurance Cover an Accident at an Airbnb?
Whether or not a homeowner's insurance policy covers an accident at an Airbnb depends on the specific policy and the circumstances surrounding the incident. Some homeowner's insurance policies may provide coverage for incidents that occur during short-term rentals such as Airbnb stays, while others may not. It is advisable to check the terms of the homeowner's insurance policy to determine whether it covers accidents at short-term rentals like Airbnb. Alternatively, hosts may consider purchasing additional insurance policies such as Airbnb Host Protection Insurance to provide coverage in case of accidents or damages during a guest's stay.
File An Injury Claim Against Airbnb
To file an injury claim or lawsuit for injuries that occur within an Airbnb call 866-434-0014 or complete the convenient form below and one of our Airbnb Injury Lawyers contact you immediately, for a free no-obligation consultation.
Who can I contact to discuss my case?
For more information, call our AirBnb Injury Lawyer at 866-434-0014.
You may also submit questions to our Virtual Assistant by “Live Chat” link, located in the bottom right corner of this webpage.
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