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Airbnb Accident Lawyer | Personal Injury Lawyer

AirBNB Accident Injury Lawyers

If you like to travel, you may have avoided hotels altogether and gone for a more convenient option. Airbnb offers people the opportunity to ditch the head-aches that are hotels and stay inside a person’s room. Airbnb, however, is not without its risk.

Some people have had negative experiences. They’ve suffered some form of harm in their Airbnb during their stay for which they wish to seek legal action. Getting hurt, or getting your property destroyed are both costly inconveniences to everyone. If you stayed at an Airbnb and suffered bodily harm or property damage, you may have the right to file a personal injury lawsuit against Airbnb. In order to file a lawsuit against Airbnb successfully, you need experienced attorneys on your side. An experienced law firm will give you all the resources you need to help win your case against Airbnb.

We offer a free attorneys case review, free second opinions, and the zero-fee guarantee. Make sure to take advantage of everything we offer in order to make sure you get the maximum compensation possible for your case.

Our Airbnb lawyers are equipped to handle any case that relates to your Airbnb accident. From bodily injury resulting from a slip and fall accident, to property damage that resulted from a car driving through a house. It is important to understand what type of case you have. That way, you understand the legal processes and get a better idea of how long it will take to settle. Every case is different and there is no set scale. Our clients have many questions they want answers to – and we are very happy to provide them. We believe an educated client makes the best decisions that have to do with their case. A happy client is our main focus, and we will do just about anything to make sure you get your check and leave our office with a smile. Our clients ask such questions as:

  • Can an Airbnb guest sue Airbnb for an injury due to an accident?
  • If I suffer a slip and fall accident in an Airbnb, can I sue Airbnb?
  • What happens if their dog bit me and I suffered a dog bite accident?
  • Can I recover compensation for any medical expenses after I got injured in an Airbnb?
  • What happens if I have to miss work due to my Airbnb injury? Can I recover any lost wages?

What Is Airbnb?

What Is Airbnb?

Airbnb is a popular San Francisco-based company that operates within the online marketplace, and offers hospitality services for people to rent short-term. The extent of their lodging services include homes, apartments, town houses, hostels, guest houses, and more. It offers a cheaper alternative to hotels, and is used by a plethora of people from tourists to people who are between homes. You may have already used it yourself as a guest to save hundreds of dollars to visit a wonderful city, or as a host.

For those who are looking to book temporary room and board with minimal difficulty, and without the headache that hotels cause, it seems like the perfect idea. In many ways, it is. Operating in over 65,000 cities in 191 countries, and with more than three million listings, Airbnb seems to be the perfect replacement for overpriced hotels. It allows people to stay in all sorts of rooms. Rooms that range from a simple cottage in the middle of a field to igloos up in the north.

While a majority of stays and participants live within the honor code of Airbnb, not every stay goes as planned. In fact, they can go rather terrifyingly. Over the past few years of Airbnb’s existence, some of these stories have made their way across the internet and likely onto your smartphone’s front page news.

The bad fortunes range from the truly strange to the actually horrifying. Hosts sometimes come back to their house in ruin and tens of thousands in property damage.

Part of this is almost intrinsic to the nature of the business. When you open your home to a complete stranger on the internet, or go to the house of some complete stranger willing to open their home to complete strangers on the internet, there is always an inherent risk. Even if your guests are good Samaritans, a tragic accident is just one distracted step away.

While the risk of an accident at a rental is not exclusive to Airbnb, the company is particularly vulnerable because it is still a rather new and revolutionary company. The laws and regulations that surround Airbnb, and other hospitality companies like it, have not yet caught up to this industry-shaking company. Due to that, complications can arise when accidents do happen and people try to bring insurance companies into the equation. And as we all know full well: insurance companies love to take your hard-earned money that you pay for your protection, and then deny coverage when you actually need protection.

Why Would an Airbnb Claim Take a Long Time to Settle?

Why Would an Airbnb Claim Take a Long Time to Settle?

When there is an accident at an Airbnb, where do you go to report it? Who’s going to be liable for the damages? When can you expect repairs? Without proper legal counsel from our experienced Airbnb accident attorneys, the answers are not clear and exist in a nebula of legal jargon that could take years upon years through which to settle. Let’s take a look at why an Airbnb accident could take years to settle, and why, without an Airbnb accident lawyer, your Airbnb accident lawsuit could take a lifetime:

  • The most impactful is that Airbnb is a very new company, and the service it offers the first of its kind. Because it is so new, lawmakers have not yet been able to draft laws that offer protections and the existing laws are not yet fully developed.
  • Again, Airbnb is so new that it is constantly changing. The changes can be confusing to consumers.

This doesn’t mean you shouldn’t use Airbnb. It truly is a great service that gives many people around the world alternative to ridiculously-priced hotels. It is important, however, to know the facts of what you should do when something bad happens during your Airbnb stay. What do the laws that are in place today in 2018 say?

Types of Accidents in an Airbnb

There are many accidents that can occur while one stays in an Airbnb. When it comes down to it, most of the accidents that occur inside of Airbnbs can be grouped into two distinct categories. The two categories are different and require different steps to receive compensation. The two groups of accidents that occur in an Airbnb are as follows:

Bodily InjuryBodily injuries involve a physical injury that was sustained while on the property of the Airbnb. As long as the injury you sustained was within the property limits of the Airbnb, the company should be liable for your injuries. You need an experienced attorney to help build your case and prove that Airbnb is liable. These sorts of claims are often filed by the guest against the host for having something wrong with their property. For example, if there is a loose floorboard and the guest trips on it and breaks their wrists, the guest can file a bodily injury claim against the host; the host should’ve known about the loose floorboard and make the appropriate fixes. But bodily injury claims can also be filed against both host and guest if the bodily injury was the result of physical assault.

Property Damage — Property damage involves the property of the Airbnb being stolen, damaged, or destroyed. In general, property damage is filed by the hosts against the guests who were careless in the Airbnb. For example, the guest invited twenty people over for an unauthorized party and the partygoers completely wrecked the living room. The host can then file a property damage lawsuit against the guest. They can, however, be filed against the host if it was the host who destroyed the property (valuables and belongings) of the guest.

Bodily injury and property damage are fundamentally different issues, and it is important to know the difference. Your experienced Airbnb attorneys will be able to help you get maximum compensation for your damages. Here, we clear up the difference between the two.

Bodily Injury

Slip and FallSlip and fall injuries can be incredibly painful and can cause severe injuries to the hips, back, neck, head, shoulders, and the rest of the arms. The pain and injury will depend on how hard you landed and which part of your body impacted the ground. Slip and fall injuries occur when something on the ground that has no business being there acts as a slippery surface and causes the person to fall. Most slip and fall cases occur because of a spilled liquid that the victim did not see and slipped. Hosts of Airbnbs need to be aware of all the dangers in their home and take the appropriate actions to solve these. In the case of a spilled liquid, the host would have to mop up the mess and make sure it is dry.

Trip and FallTrip and fall accidents can occur when there is an obstruction in the host’s home. These trip and fall injuries can cause serious injuries to the hands, wrists, shoulders, knees, head, face, teeth, chest, back, and neck. Trip and fall injuries occur when something trips a guest and they suffer severe injuries from their fall. They can land wrong, or they can land on something else that causes the injury. For example, a host’s rug has a corner that curls upwards. The guest is unaware and trips on the flap. They then land on a glass coffee table and suffer severe injuries.

Property Collapse — Not all homes are sturdy against gravity and other forces of nature. If a home is structurally compromised, the property may collapse and crush anything below it. If a guest is injured because some part of the property collapsed, then the host is liable for the injuries that were sustained by the guest. For example, if a guest was walking up the stairs of a home to get to their room and the stair collapsed under their weight and sent them crashing down, the guest can then file a lawsuit against the host. Our Airbnb property collapse attorneys are here for you.

Physical Assault – When strangers meet, tensions can run high. So high, in fact, they can lead to physical assault. Injuries that result from an altercation can be limitless. Facial fractures, broken ribs, arms, wrists, fingers, legs, feet, and more. You will need an experienced Airbnb physical assault lawyer to make sure that your side of the story is given due diligence. The reason being is that guests are inside of the host’s home which muddy the water considerably. The reason being that the physical assault took place in the Airbnb, which is also the host’s home. An experienced lawyer will be able to get down to the bottom of what really happened, and get the compensation you need.

Sexual Harassment and Assault – Even in 2018 women and men are still victims of sexual assault. There have been cases where the host sexually assaults the guest, and the guest sexually assaults the host. Sexual assault is a very serious offense. Our Airbnb sexual assault lawyers will treat you with the utmost respect and listen to everything you have to say. Sexual assault can lead to serious trauma for which you may need to seek professional help. We will fight for the compensation you deserve after being victim to a most heinous crime to help pay for your suffering.

Illness – Germs are everywhere. Even the cleanest home has trillions of bacteria covering every available square inch. Additionally, people trade pathogens every day by touching handles, phones, elevator buttons, computers, and just about everything that can be touched. Some viruses may be particularly dangerous, and a host may have infected their guest. If guests get sick due to the host’s negligence, and they are taken to the emergency room or have to go see a doctor, the sickly guest may have the right to file a lawsuit against Airbnb and recover compensation.

Dog Bite – Many people have dogs, and many of those people swear their dog is the nicest dog in the world. Care to guess what happens next? The guest, under the impression that the dog is a nice dog, gets bit and their hand torn by sharp canine teeth. Dog bites can be devastating – make sure to visit the doctor to get your hand fixed and get the necessary shots to avoid infection and other diseases that could’ve been festering in the dog’s mouth.

Bed Bugs – Bed bugs are everyone’s nightmare. They’re tiny insects that reproduce on your bed and clothing and then take little bites of you to keep themselves alive. They are notoriously difficult to exterminate, even if you call a professional. They’re spread quickly, and that’s why they’re difficult to contain. Even if you remove them from your mattress, they may still be on your clothes, carpet, rug, and furniture. Airbnbs need to be clean of bed bugs in order to be rented out, but accidents are bound to occur. Perhaps the guest before you brought them in. The host needs to ensure their home bed big-free, and so if you get bitten by bed bugs, you have a case.  If you suffered from bed bug bites, make sure to contact our law firm. We can get you the compensation you need for your pain and suffering that was brought on by the tiny bed bugs.

Scooter Injury – There are many individuals who ask us, “Can I sue for tripping over a Bird scooter left on the ground?” or “Can I file a claim for getting hurt on a Lime scooter?” You can in fact sue for injuries suffered if there were a scooter left on the AirBNB property. The property owner may have not told you, as was his responsibility, that scooters are often left on the property. The scenario will differ from case to case, but you may be able to hold the property owner accountable for your damages.

Premises Liability Information

To file a claim against AirBNB, you must establish yourself as a proper guest. In the eyes of the law, there are three separate types of guests. Invitees are individuals who are on a property for a mutual benefit of some kind, most often as customers or clients. AirBNB guests are thus considered invitees. Licensees are social guests and are not present for a mutual benefit. Both forms of guests must have high duties of care paid to them, with invitees having slightly more. The third type of guest is a trespasser, who has no legal right to be on the property but is anyway. They are afforded the least legal protection, but property owners still cannot go out of their way to harm them if they are only trespassing with no other intentions.
To hold the property owner accountable for your injuries from an accident at an AirBNB, you must show one of these three points:

  • The property owner caused the hazard or issue on the property
  • The property owner knew there was a hazard and did not fix it or inform you so that you could avoid it during your stay
  • The property owner did not know about the hazard but reasonably should have if he were diligent in his inspections and care of the property

Only a single point must be proven to have cause for your premises liability claim.

Airbnb Insurance Protection Program

Airbnb Host Protection Insurance was created to protect the guests from third-party claims against them. For example, if a guest suffers a slip and fall accident that cost them over $100,000 in medical bills, the guest will very likely sue for compensation. Typically, people don’t have $100,000+ in their bank accounts, and that’s where insurance comes in. The policy covers all claims of up to $1 million.

This protection is offered to any host who list their property on Airbnb. So, if you are a host on Airbnb who’s listed their property or room on the hospitality website, you are automatically covered. Airbnb host protection insurance activates immediately after an accident occurs. What does this mean? It means that after an accident, you do not have to go through any other insurance options. For example, if someone destroys one of your walls, you do not have to go through your homeowners insurance, Airbnb insurance will protect you.

There are exceptions, of course. It covers damage to the property itself. Meaning, that it doesn’t cover damage to any furniture or any such things like that.

Make sure to contact your homeowners insurance to see what they will cover in the event of an accident while you are using your home to rent an Airbnb.

Airbnb also excludes:

  • Intentional acts of violence;
  • Terrorism;
  • Theft;
  • Pollution from lead, asbestos, mold, bed bugs, or bacteria;
  • Product liability;
  • Defamation;
  • Car accidents;
  • Natural disasters such as Earthquakes, hurricanes, tornadoes, and other such acts of God.

Statute of Limitations for Premises Liability Lawsuits

The statute of limitations for AirBNB and premises liability lawsuits in California is 2 years from the date of the injury. If you do not file a claim in that time period, you will be barred from receiving compensation in the future. It is important that you act quickly – the longer you wait, the higher the chance of your evidence going bad or being forgotten.
You could have the statute of limitations extended in some cases. For one, if you were a minor at the time of the incident, you could not legally sue; therefore, your statute of limitations would begin when you turn 18 years old. You also may not be able to sue if you were left physically incapacitated or mentally unaware, as in a coma or bedridden. Your statute would then begin or continue when you return to capable health and consciousness. Further, the defendant must be present in the state if you wish to sue, so if the property owner has left California, the statute of limitations will be suspended until he returns.
To determine if you have any cause for an extension to your statute of limitations or to figure out how much time is left on your claim, contact our expert AirBNB lawyers today.

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The Kenmore Law Group

Our Los Angeles Airbnb injury attorneys are always here for our clients. We pride ourselves on how much we take care of our clients because we understand that personal injury cases are an incredibly sensitive matter. We treat clients like family, and there is nothing more important to us than family.

We at the Kenmore Law Group offer a multitude of promotions that our clients can use in order to make sure their case is being handled correctly and by the best hands and minds in the business. We offer free legal consultation, free second opinions, and the zero-fee guarantee. All of which were created to help you, the client.

Free Legal Consultation

Making a decision over a legal matter can be incredibly difficult and painfully stressful. If you make the wrong decision over a legality or wrongfully admit something to the investigative agent, it could prove to be a very costly mistake; you may accidentally give away your right to collect any compensation for your damages.

To avoid making calamitous mistakes that would absolutely ruin your case, contact our law firm for free legal consultation. Free legal consultation gives you, the client, an opportunity to sit down with one of our attorneys and talk about the facts of your case. Our attorneys will listen to you and give you their initial thoughts on your case – whether they think it’s a strong one with potential or a weak one with little potential for any compensation. They will listen to what you say and answer any questions you may have about your case. We believe that clients need to have all the facts that are pertinent to their case before they make such a big decision regarding their legal matter. Take advantage of our free legal consultation today.

Free Second Opinion

Have you already gone to see an attorney? Have they already given you estimates for how much they believe your case is worth? Are you skeptical over that amount?

If you already have an attorney, it is a good idea to get another opinion from another lawyer regarding the facts of your case. The reason you want to have a second opinion is because many lawyers are not in the business of helping people. Unfortunately, there are some in the business whose main goal is not to help people, but to fill their own pockets with as much money as possible. This means they will not fight for the maximum compensation you deserve for the damages you sustained. Instead, they will accept the first offer and close out the case. Insurance companies get to save money, your lawyer gets to fill their pockets, and you come out the loser. Our attorneys will happily look at your case and give you a second opinion over what they believe they can get you for your damages. We will fight insurance companies until we get the compensation you deserve. Make sure to call us and get a free second opinion.

Zero-fee Guarantee

The best way to assure you that we are here for our clients and for the sake of justice is to offer the zero-fee guarantee. What is the zero-fee guarantee? The zero-fee guarantee is our promise to you that you will never have to pay us a penny until we win your case and get you the compensation we know you deserve for the damages and pain you’ve suffered. If we are unable to get you the compensation you deserve, then you will not pay us for our legal services because we did not do our job. We do not feel that it is ethical to charge our clients when they are the ones who seek financial restitution. So if we you are injured in an Airbnb, but we are unable to win your case, you will not pay us.

Our law firm is dedicated to our client. We are here for you. Contact the Kenmore Law Group today to talk to experienced Airbnb accident attorneys.

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