Posted in Personal Injury,Premises Liability on March 27, 2023
The last thing any person expects when they rent an Airbnb is that they will sustain an injury on the property. Here, we want to examine the intricacies involved with injury claims against Airbnb or against the property owner who used Airbnb to facilitate the rental between the two parties. We want to review the responsibilities owed to you by the property owner and Airbnb.
Can You Sue Airbnb Directly for an Injury on Their Property?
In order to file a lawsuit against Airbnb, an individual will have to show that they sustained an injury on the property. This will need to be done so through a premises liability lawsuit. As a guest at an Airbnb property, an individual would be considered an invitee, or a person who is into the property for a mutual benefit (similar to the status of an individual who shops at a grocery store). In these situations, individuals will not be considered social guests (licensees) because they paid for the Airbnb stay.
Any person involved with an Airbnb will likely have sufficient insurance to cover potential injuries to guests. For example, homeowners will typically have a homeowners’ insurance policy over the Airbnb, but if the individuals are using the home for commercial purposes, there will likely also be an additional commercial insurance policy.
In most situations, Airbnb will claim that they are not responsible for any injuries or damages that occurred, and they will likely try to shift any liability to the actual property owner. However, there are certainly ways that Airbnb could be held responsible, particularly if they fail to take the steps necessary to protect the guests. For example, if Airbnb failed to screen the home or the property owners, or if they continue to allow certain locations to be put up for rent despite known failures or dangers at the property, they could be held responsible.
How do You Start the Process?
If you wish to file a lawsuit against Airbnb or a property owner after sustaining an injury as a guest, we encourage you to reach out to a skilled premises liability lawyer who has experience handling these claims. It is crucial to have enough evidence to prove that another party’s negligence caused the injury.
When you work with an attorney, you will have an individual with the resources needed to fully investigate your claim. An attorney will likely advise you to do the following:
- Maintain any evidence you have, including photographs, video surveillance, medical records, and eyewitness information.
- Ensure you are evaluated by a trusted medical professional as soon as possible after the injury occurs.
- Report the injury to the property owner and to Airbnb through the online app or website.
- Reach out to a skilled Airbnb accident attorney on the day the injury occurs if you can.
It is crucial to understand that claims against Airbnb for an injury must occur within two years from the date the accident occurs. However, just because there are two years available to file a claim does not mean you should wait that long. We encourage anyone who sustains an injury at an Airbnb to file their claim as promptly as possible