What Are My Rights if I’m Injured While at an Air BnB?
Airbnb has revolutionized travel, offering unique and affordable accommodations throughout the U.S. However, accidents can happen anywhere and in any type of Airbnb rental. If you’re injured while staying at an Airbnb, you may have the right to compensation.
Common Airbnb Injuries
Although most Airbnb injuries involve slip and fall accidents, guests can injure themselves for other reasons too.
- Slip and fall accidents: Wet floors, loose rugs, and uneven surfaces can lead to falls and bruises, fractures, and even head injuries.
- Poor maintenance: Faulty appliances, malfunctioning electrical outlets, broken furniture, and inadequate lighting can cause cuts, burns, and electrocution.
- Unsafe conditions: Swimming pools without proper fencing, balconies with weak railings, and unsecured stairs can lead to drowning, falls, and other serious injuries.
- Exposure to toxic substances: Carbon monoxide leaks, mold infestations, and improperly stored cleaning chemicals can cause respiratory problems, skin irritations, and other health complications.
Who Can You Sue?
In most cases, you sue the Airbnb host for your injuries if they were negligent. Negligence means the host failed to take reasonable care to ensure the property was safe for guests. For example, if the host knew about a broken step and failed to repair it, they could be liable for your injuries if you fall and get hurt.
Sometimes, you can sue Airbnb directly. For instance, if Airbnb failed to properly screen a host with a history of safety violations, and you suffered injuries as a result of staying at their property, you might have a case against Airbnb.
Airbnb’s Insurance
Airbnb offers Host Protection Insurance, which provides primary liability coverage of up to $1 million per occurrence. This insurance covers bodily injury and property damage caused by accidents at the Airbnb rental. However, it’s important to note that this insurance has limitations and exclusions. It’s best to review the policy details carefully to understand what is and is not covered.
Situations Where You Can’t Sue
There are some situations where you may not be able to sue the Airbnb host for your injuries:
Assumption of risk: If you were aware of the danger and chose to proceed anyway, you may be considered to have assumed the risk of injury. Example: Your host has a lakefront home with a small dock and kayak. They advise you not to go out in bad weather, but you do so anyway, injuring yourself. You would likely not have the right to sue them.
Comparative negligence: If you were partially responsible for your injuries, your compensation may be reduced accordingly.
Intentional Acts of Violence: If someone is injured in an act of violence on the property, such as a fistfight, they would not have the right to sue for their injuries.
Statute of limitations: You have a time limit for filing a lawsuit after your injury. This time limit varies depending on the state.
Protecting Yourself
To protect yourself from injury while staying at an Airbnb, take these precautions:
- Read the listing carefully and ask questions about any potential hazards.
- Inspect the property upon arrival and report any safety concerns to the host immediately.
- Take pictures and videos of any safety hazards.
- Purchase travel insurance that provides medical coverage and covers trip cancellation or interruption due to an injury.
- Document your injuries and keep copies of all medical bills and receipts.
Hire a Personal Injury Lawyer
Attorney J.J. Dominguez of The Dominguez Firm explains the importance of enlisting the services of an experienced personal injury attorney if you are injured while staying at an Airbnb. “You have rights as an Airbnb guest, and you shouldn’t have to suffer financial hardship due to someone else’s negligence. Most Airbnb accident injuries fall under the premises liability area of personal injury law, so hire a premises liability attorney immediately. They can help you understand your options and rights, deal with the insurance company, and negotiate a fair settlement.”