Founded in 2007, Airbnb has truly changed the market when it comes to short-term housing stays. In the past, travelers usually were limited to hotels if they needed to stay somewhere for a few days or weeks. With Airbnb, almost anyone could offer their home – or a portion of it – up for rent.
Because Airbnb properties are individually owned, the conditions at each house could be drastically different. If you are hurt while staying at an Airbnb because of a dangerous condition on the property, you might be able to file a claim with Airbnb. The company carries a $1,000,000 host liability insurance policy that will pay for losses like medical bills, lost wages, property damage, pain and suffering, and emotional distress.
The Law Offices of Thomas L. Gallivan represent accident victims throughout New York, including those who are hurt while renting an Airbnb property. In each case, our goal is to help our clients get maximum compensation for their injuries. Reach out to our law firm today to schedule a free initial consultation with a New York personal injury attorney.
Can I File a Lawsuit If I Got Hurt at a NY Airbnb?
If you get hurt while on someone else’s property, you may be able to pursue a special type of personal injury lawsuit known as a premises liability claim. Generally, property owners have a duty to maintain their premises in a reasonably safe condition, free from hazards. If you are hurt because of a dangerous condition at an Airbnb, you might have a premises liability claim.
Like most personal injury lawsuits, premises liability cases are usually based on a theory of negligence – which is a form of carelessness. However, the standard for negligence is a bit different for slip-and-fall-type cases. To win a claim, you will need to show:
- There was a dangerous condition on the property that the landlord knew or should have known about;
- The landlord failed to either fix the hazard or warn you about it (i.e., warning guests that the tile floors are extremely slippery when wet and to be careful);
- You suffered an injury; and
- Your injury was caused by the property owner’s failure to either fix the condition or warn you about it.
For Airbnb cases, the property owner’s duty of care to guests is even higher because guests come onto the premises to do business with the owner. In this situation, the guests are considered “invitees.” A property owner has a duty to do regular inspections for safety issues when their property is being used for commercial purposes.
Despite these requirements, many Airbnb hosts simply don’t take the time or spend the money to maintain their homes in a safe condition. If a hazard at an Airbnb causes a guest to get hurt, then they can file a claim for their losses.
Immediately after the accident, you can start to collect evidence to prove that your injury was caused by the hazardous condition. Once you start the claim process, your New York premises liability attorney may gather other evidence, such as:
- Maintenance records
- Prior incident reports or complaints to Airbnb
- Photos and videos
- Witness testimony
- Customer reviews
All of this documentation – plus your medical records – can be used to show that your injuries were caused by the Airbnb host’s negligence. Your lawyer will use this evidence to put together a claim for compensation.
In most cases, personal injury lawsuits can be resolved outside of the courtroom through negotiation. However, if the insurance company refuses to offer you a fair settlement or disputes some aspect of your claim, then it might be necessary to file a lawsuit against the at-fault parties.
Who Can I Sue for an Airbnb Injury?
In a typical premises liability case, the injured party can file a claim with the property owner’s homeowner’s, renter’s, or commercial liability insurance policy. For example, if you slipped and fell on ice in a grocery store parking lot, you could file a claim with the store’s insurance company.
However, Airbnb claims are a bit different. Most homeowner’s insurance policies do not cover injuries related to commercial use of the property. Unless the Airbnb host purchased a separate insurance policy – such as commercial or limited use coverage – then you probably won’t be able to file a claim with their insurance company.
However, Airbnb carries a $1,000,000 host liability insurance policy. This policy covers situations where a host is legally responsible for any losses suffered by a guest, such as bodily injury or property damage. It does not cover intentional injuries, injuries caused by illegal conduct, or injuries that are not related to the property itself (such as a car accident that occurred when driving to the Airbnb).
In many cases, Airbnb’s host liability policy will be enough to cover an injured guest’s losses. However, in cases involving more serious injuries, that $1,000,000 policy won’t be sufficient. It may be possible to file a lawsuit against the Airbnb host whose negligence causes your injuries. This lawsuit may allow you to get additional compensation to pay for all of your losses.
Because of the unique nature of Airbnb injury cases, it is important to work with a seasoned New York premises liability lawyer with experience in these types of cases. Our law firm will fight to get you a fair settlement for your injuries.
How Long Do I Have to File a Lawsuit for an Airbnb Injury?
The statute of limitations for personal injury claims in New York is 3 years. With some exceptions, this means that you have 3 years from the date of your Airbnb accident to file a lawsuit. If you don’t file a claim by this deadline, then you might not be able to recover any money for your injuries.
3 years may seem like a lot of time, but it can go quickly when you are dealing with things like doctor’s appointments and therapy. Starting the process early is the best way to protect your rights and ensure that important evidence isn’t lost. In New York, call the Law Offices of Thomas L. Gallivan to talk to a personal injury lawyer.
Do I Need a Lawyer to File a Claim for an Airbnb Injury?
If your injuries were relatively minor, then you might not need legal representation. However, if you suffered a more serious injury – like a broken bone or a traumatic brain injury – then you should hire an attorney. Airbnb and its insurance company are looking out for their own best interests…not yours.
The best way to get the compensation that you deserve is by working with a New York premises liability attorney. Contact the Law Offices of Thomas L. Gallivan today to schedule a free initial consultation.
What Should You Do If You Are Hurt While Staying at a New York Airbnb?
While Airbnb has faced a fair amount of backlash in recent years, it is still a popular service in many parts of New York. However, one of the challenges that guests experience with Airbnb is that you never quite know what you are going to get. Online listings can be deceiving – and a property that looks great in pictures might be in poor condition in real life.
Unlike a hotel, which will usually have dedicated cleaning and maintenance staff, the upkeep of Airbnb properties is left to individual owners. This can often mean that dangerous conditions exist on Airbnb properties – like loose stair rails, damaged walkways, or a torn carpet.
If you suffer an injury while staying at an Airbnb in New York, there are a few steps that you should take. First, if you are hurt, you should seek medical treatment immediately. Getting medical care is an important way to establish a link between your injuries and the accident – and it also allows you to get the right diagnosis and treatment. If you were badly hurt, you should call 911.
Second, when you can do so, you should inform the Airbnb host of the accident. You should inform them in writing as soon as possible. If you wait too long to inform the host, they might try to argue that the incident didn’t take place on their property.
Third, before you leave the Airbnb itself, you should take photos and videos of the accident scene. For example, if you tripped and fell down the stairs because the stairs have uneven risers, you should take a picture or video of that hazard – or have a loved one do it for you. Once you leave the property, the host might not let you return, so it is a good idea to collect evidence when you can do so.
You should also take photos and videos of your injuries and any property damage that may have occurred. This can be important to prove the extent of your losses. This documentation will also support other evidence, like your medical records.
Fourth, once you have gotten medical treatment, try to write down everything that you can remember about the incident. A contemporaneous note can be useful when trying to prove what happened later. Memory can be notoriously unreliable, so these notes will be important.
Fifth, consider scheduling a consultation with a New York slip and fall lawyer. They can advise you of your rights and help you decide how to move forward with your claim. Your attorney can also handle all communications with the host, Airbnb, and insurance companies on your behalf. In New York, contact the Law Offices of Thomas L. Gallivan for a no-cost, no-obligation consultation.
Hurt While Staying at an Airbnb? Give Us a Call.
Whether you are traveling for work or for pleasure, an Airbnb can offer a convenient, home-like atmosphere. However, if you are hurt while at an Airbnb, it can be difficult to understand exactly what your rights are. Our experienced personal injury lawyers can guide you through the legal process and help you get the compensation that you deserve.
Based in White Plains, the Law Offices of Thomas L. Gallivan represents people throughout New York who have been hurt in all types of accidents – including slip and falls at Airbnb properties. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out today by calling 866-931-9015 and filling out our online contact form to schedule an appointment with a New York premises liability lawyer.