How to file an injury claim with AirBNB
AirBNB is a company that allows homeowners to rent out their properties for a number of nights to guests. It has been used in place of hotels due to the relatively cheaper cost, more homely feel, and additional amenities. The issue, though, is that hotels are fully responsible for their guests and are commercially liable for injuries. AirBNB can take the stance of not being held liable due to it essentially being a matchmaking service that provides a platform for renters to advertise their homes and for guests to select spots. Given the likelihood of injuries, though, it is important that there are legal options for guests. If you were injured at an AirBNB, contact the Downtown LA Law Group for help moving forward and suing for damages.
What kind of accidents can happen at an AirBNB?
An AirBNB is maintained by a property owner and rented out via the AirBNB website. The property owners must ensure that there are no hazards present in the house or on the property. Common hazards include:
- Broken stairs
- Faulty appliances
- Defective pools
- Cracks and potholes
- Carbon monoxide emissions
- Bed bugs and other vermin
As a result of these hazards, you could be hurt in many ways. You may suffer slip and fall accidents, bites and allergic reactions from vermin, sickness from emissions or leaks, injuries from exploding or broken appliances and items, and many more. In the worst cases, assault and battery can happen due to a lack of lacks or protection, and deaths may occur due to falls, drowning incidents, and more. It is crucial that you do a proper walkthrough of the home and note any potential hazards. If you notice issues, contact the host and AirBNB immediately for instructions on what to do.
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Slip and Fall Accident
Can I sue AirBNB directly for an injury (accident) on their property?
In order to file an injury claim with AirBNB, you must show that you were hurt via a premises liability lawsuit. As a guest, you are considered an invitee, or someone who has entered the property for a mutual benefit (such as a customer in a store). You are not a licensee, or social guest, because you paid for the stay. Anyone involved in the hospitality business should have ample insurance to cover potential damages and injuries to the guests. Homeowners generally have insurance to cover damages to guests, but if they are using their homes for commercial purposes, the insurance company will not pay out any compensation. Therefore, AirBNB must shoulder the responsibility of the damages, even though it claims to not be liable and that the host assumes all responsibility. AirBNB can be held further accountable if they do not take necessary precautions to protect guests. They may not screen hosts or homes, and they may allow certain locations to be rented despite having poor reviews, dangers on the property, and more. The company generally provides protection (with exception) for damages done to the home so the host does not have to pay much, but the fact that many guests are in limbo is an issue. To remedy this problem, you should contact an AirBNB accident attorney.
How can I sue AirBNB for injuries from an accident?
If you wish to sue AirBNB for injuries suffered while staying at a home, you must have ample evidence and you must be able to prove that there was some kind of negligent action. You will be filing a premises liability claim that essentially shows that the property owner either caused the hazard, knew about the issue and took no action, or was unaware of it yet reasonably should have known that it was present. Your very first step should be to go to the hospital or doctor to get treatment. If you do not get the necessary treatment, your injuries may worsen. Additionally, if you delay the appointment, the insurance agent can claim that you were hurt elsewhere and you simply saw an opportunity to blame AirBNB and the host. After going to the doctor, be sure to keep all medical notes, receipts, medication prescriptions, and any other related evidence. Next, take photos of your injuries, the AirBNB location and the hazard, and more. You can record videos as well if it will benefit you. It is very important that you hold on to any receipts, documents, bank statements, and proof of booking that you made with AirBNB. You will not be able to receive anything if you cannot prove that you were actually a customer. If you stayed with anyone else, you can ask the guests for their statements and testimonies. It will be important for you to get additional perspectives from people who also noticed the hazard or saw the accident so that you are not the only one with evidence. File an incident report with AirBNB to ensure that they know that an accident happened and that you were injured. They will have a record of your stay and will be able to communicate with both you and the host for necessary discussions and exchanges of information moving forward. Lastly, you should reach out to a skilled AirBNB accident attorney who can file your claim for you. You may not have any legal experience, and it is recommended that you hire someone who does. We have the necessary time and knowledge required to negotiate a fair deal and prove that the law is on your side. You can focus on recovering from your injuries instead of on a lengthy legal claim.
What kind of compensation can I win from an AirBNB accident?
There are various types of compensation you can win in a lawsuit against AirBNB if you were hurt while on the premises. We can ensure that you are fully covered, including for damages such as:
- Medical bills from the past and future for time spent getting treatments, surgery, medication, physical therapy, and more
- Lost income from time spent away from work, and future wages if you could not go to work because of recovery or treatment
- Property damage if your personal items were destroyed or lost in the incident
- Pain and suffering damages to cover emotional trauma and psychological distress from the accident
We will also have the costs of the trip wholly reimbursed so you will not lose out on expensive lodging and travel. You shouldn’t be made to absorb these losses if you were hurt because of the negligence of a property owner at an AirBNB. Your claim may be worth a fair amount of money if you were seriously hurt and you can prove that the accident was caused due to the irresponsibility of the AirBNB owner.
What is the statute of limitations for a lawsuit against AirBNB?
In California, the statute of limitations to file a lawsuit against AirBNB for an injury is 2 years from the date of the damage. If you fail to sue within that time period, your case will be thrown out. You won’t be able to secure any compensation if you file a lawsuit too late. The statute of limitations allows both parties enough time to get their evidence together so they can be adequately prepared, and it allows the plaintiff to get treatment without rushing into a claim. In some cases, the statute of limitations can be extended past the deadline. This can happen if you were underage when you were injured, and because minors cannot sue, the statute of limitations will not be in effect until you turn 18 years old. Further, an AirBNB injury can be severe enough that you were left physically or mentally incapacitated or indisposed. The statute of limitations will then be on hold until you return to functioning health. Lastly, the intended defendant of the case must be present in California if you wish to sue him. If he has left the state, the statute of limitations would be put on hold and will not count down until he returns. Many victims of AirBNB injuries end up with no way of suing because they miss their statutes of limitations. It is important that you understand how much time remains on your case. You can contact our lawyers to accurately determine how close you are to the deadline for your lawsuit.
How We Help
The Downtown LA Law Group has a team of expert attorneys with decades of combined experience in premises liability and personal injury law. We have been handling AirBNB lawsuits since the company began picking up traction in the early 2010s. We know the best methods to win your case, and our aggressive lawyers will not give up until we are satisfied that we have brought you everything you deserve. Call our law offices at (888) 649-7166 for a free legal consultation. We will talk about your case, tell you what we feel it is worth, and answer any questions you have. If you hire us to represent you, we will give you our zero fee guarantee. This promises that you won’t spend any money on your case – we will cover the costs, and if we win, we get paid as part of the settlement award. If we lose, we take no payment at all. For more assistance suing AirBNB for injuries, contact the Downtown LA Law Group.