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Who Is Liable For Injury at AirBnb?

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AirBNB is a hospitality service that allows homeowners to rent out their apartments to guests for a fee. Many homeowners have chosen to make this a lucrative process, and have bought properties specifically to turn them into hotel-like vacation experiences. They may receive numerous guests a month and can charge a fair amount of money for the stay. However, there is also the possibility that guests will be injured while on the premises, for a variety of reasons. If you were staying at an AirBNB and you sustained injuries, you should take appropriate legal action to receive compensation. It may be difficult to understand who is liable, though, and for that reason, we recommend reaching out to Kenmore Law Group for more assistance. We’ll be able to file your AirBNB accident claim for you and ensure that you are properly covered in case of injuries.

What kind of accidents can happen at AirBNB rentals?

AirBNB rentals are generally safe, but not all have this luxury. Guests may find themselves injured in a number of ways, even starting from the time they enter the property. Some properties have back houses that function as the rentals, while the owners live on an adjacent property. They may have dogs that are aggressive towards strangers, for example, which can result in attacks and dog bites. Some other common accidents that happen at AirBNB include:

  • Slip and fall injuries from torn carpeting, broken stairs, potholes, cracks, lack of handrails, and more. These accidents can result in numerous damages to the hips, back, and head. You may not be familiar with the layout of the AirBNB, and you could easily fall down a step that was not marked. You may also slip due to leaks or slippery surfaces.
  • Pool accidents if the property has a pool, Jacuzzi, or hot tub. There is the chance that the pool will not be covered, cleaned, maintained, or safe. There could be slippery edges, the vacuum could not work, or the water might be contaminated. The diving board and other parts, like the ladder, could also be defective. You should double check all the parts of the pool and nearby areas to test for safety, or you may suffer various injuries the worst, of course, being a drowning incident.
  • Defective products and appliances in the home, which may result in leaky refrigerators, exploding microwaves, fiery grills, and more. the appliances should be up to date and if they break or malfunction in some way, you could hold the property owner liable.
  • Assault and battery, which can happen if the locks are not fully working, if there are entry points to the house that are not secure, or if there is merely a general lack of protection for the guests. You should be extremely careful in certain areas, as some locals may take advantage of AirBNB guests if they know the property is a rental.

Who is liable for injuries at an AirBNB?

AirBNB offers Host Protection Insurance, which is set up so that hosts will be protected I guests sue for bodily injuries and so hat any property damage to the home will be taken care of. There are various exceptions that are written into his agreement, though, such as bed bugs, acts of nature, terrorism, and more. If the host is deemed liable, it can be difficult to receive compensation. Homeowner’s insurance can cover injuries and damages, but if it is revealed that the property was being used commercially, or as a way to make money, the insurance will likely not be valid. The homeowner would need a specific type of commercial insurance to pay out damages. You will have to pursue the million-dollar policy of AirBNB if you were injured, then.

The law dictates that there are three types of individuals who can enter a property. Invitees are essentially customers and are owed the highest duty of care, while licensees are social guests and are allowed a lesser duty of care. Trespassers, on the other hand, have no legal right to be on the property and are afforded the lowest duty of care, but are still protected in marginal ways.

AirBNB guests are thus considered invitees under the law, and must be treated as such. The company must ensure that the host is doing his due diligence in providing a safe environment for the guest; issues can be thus assigned to the company for not making certain there were no problems.

Our Recent Verdicts and Settlements

$465,000

Slip & Fall

$500,000

Premises Liability

$525,000

Head Trauma

$200,000

Medical malpractice

$599,000

Slip And Fall Accident

$600,000

Shoulder Injury

How can I file a claim against AirBNB for injuries?

If you wish to file a claim against AirBNB, you must do so swiftly and while you are still staying at the location. If you take too long, you run the risk of the evidence getting lost or the property owner erasing it before you have a chance to document it.

First of all, you should go to the doctor to get treated for your injuries. If you do not get medical treatment, you will not be able to sue for personal injury damages. You will also benefit greatly from going to the doctor as soon as the injury happens, as the validity of your claim will be kept intact. The insurance agent will have a harder time denying that you were hurt in that specific incident. while at the doctor, you should ask for copies of all possible documents, including receipts, insurance payments, doctor’s notes, treatment notes, medication, X-rays and MRI results, and more.

You should then take pictures and videos of everything possible. The photos can be of your injuries, any product malfunctions, the scene of the incident, the screenshot of the AirBNB rental, and more. You may be able to collect video recordings from your phone or see to it that surveillance footage is handed over to you.

You can file the incident report with AirBNB so they know there was an issue and so the host is aware of the hazard on the property.

You should keep all documents showing that you were a guest. This includes the agreement with AirBNB, your bank statement, messages or emails you sent to the owner, and more.

If you were with other guests, you can collect their eyewitness statements to bolster your claim. They may have seen what happened from another angle and ensure that there are no holes in your claim. If they were also injured, you could potentially join a class action lawsuit against the company because of the negligence of the property owner. There may have been other guests who were also hurt at the location but did not take action.

Lastly, you should find a skilled AirBNB accident attorney to handle your claim for you. You may not have legal experience in the slightest, and if you try to negotiate a deal with the insurance agent, he may brush you off or ignore your claim. An attorney can ensure that your case stays at the top of the pile and that you are not given any lowball offers. We will relentlessly fight for every penny you deserve while you recover from any injuries you suffered.

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What is the value of my AirBNB accident lawsuit?

AirBNB accident claims can vary in worth. They depend on how bad your injuries were, how impactful they were on your career and daily life, and if you were responsible for the incident in any way. We will see to it that you are fully covered for your injuries, including:

  • Coverage for medical expenses and bills from the past and future
  • Payment for lost income and wages if you could not return to work now or in the future
  • Reimbursement for any lost or broken property or personal belongings
  • Coverage for emotional pain and suffering damages

How much time do I have to sue AirBNB for injuries?

California has a 2-year statute of limitations on personal injury lawsuits or premises liability claims. It is required that you take legal action in this window of time or you will be barred from doing so in the future. Many individuals do not get their lawsuits filed in time and end up with no chance of receiving coverage.

There are a few ways in which the statute of limitations can be extended. Minors involved in accidents cannot sue, but they can wait until they turn 18 years old before the statute of limitations counts down. Incapacitated persons can also wait until they return to health. Further, if the defendant leaves the state, the statute will be suspended until he returns.

Choosing Kenmore

Kenmore Law Group can ensure that your AirBNB accident case is handled appropriately. We are a team of Los Angeles lawyers with years of experience on our side, and we commit ourselves to our clients completely. We have won hundreds of millions of dollars for our clients over the years and we know the best ways to succeed with AirBNB lawsuits.

To receive a free legal consultation, don’t hesitate to reach out to our law office. You can ask us anything you wish and we’ll tell you about the legal process and potential value of your claim. We will also tell you about our zero fee guarantee – you pay no fees at all, and we get our payment only if we win.

Let Kenmore Law Group take care of your AirBNB accident claim today.

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