What To Do After Your Airbnb Injury

Filing a Claim for an Airbnb Injury

Unexpected injuries can occur when you’re staying in an Airbnb. If it hasn’t been taken care of or repaired properly, and you’ve been injured, the Airbnb host could be liable as well as Airbnb or their insurance company. Understanding how and when to file a personal injury claim is important so you can recover damages and medical costs. If you need help navigating the details of an Airbnb injury lawsuit or claim,  Curan & Ahlers is here to help.

What Are Common Airbnb Injuries?

Common Airbnb guest injuries include slip and fall accidents from wet floors, loose rugs, or poorly lit areas. Electrical issues including faulty wiring or malfunctioning appliances, can cause shocks or burns. Inadequate smoke detectors can result in smoke inhalation or even burns. Water leaks or hidden mold can cause respiratory issues or allergic reactions. Pool accidents happen in some areas due to a lack of safety measures. Broken furniture in the Airbnb might cause a bed or chair to collapse causing fractures or cuts. Serious hazards might occur due to unstable balconies or broken elevators, especially in multi-story buildings.

Who Is Liable for an Injury in an Airbnb?

Liability for an Airbnb accident injury depends on the circumstances of what happened. The host may be liable if the injury was due to negligence, including failing to address hazards like broken stairs, faulty wiring, or unsafe furniture. 

Airbnb host liability insurance coverage is provided through its Host Protection Insurance and covers up to $1 million in liability, for guest injuries when the host is found responsible. Some situations like intentional harm or specific property issues might not be covered. The Airbnb property owner or landlord could be liable if injuries are because of structural issues they didn’t fix. Manufacturers or maintenance companies might also be liable if defective appliances caused the injury. 

If a guest ignores safety instructions, they might not be owed compensation. Determining who is liable in an Airbnb case requires a detailed review of the incident and circumstances. 

What to Avoid After an Airbnb Injury

After an Airbnb injury, avoid delaying medical attention, even if the injury seems minor, Your condition could worsen if you don’t. Report the incident to the Airbnb host and on the Airbnb online platform. Don’t admit fault or it could be used against you in your case. Don’t ignore follow-up medical care and get copies of your medical records. Photos or videos of the hazard can help prove negligence. If you settle quickly with the host, Airbnb, or the Airbnb liability insurance​ company, you might not get full compensation. Getting proper legal guidance from a personal injury attorney will ensure your rights are protected. 

Why Documentation Is Important After an Airbnb Injury

Documentation provides clear evidence of the hazardous conditions that caused the Airbnb incident. Photos, medical records, and written reports can support your claim and will help hold the responsible party accountable.

When Should You Consult a Personal Injury Lawyer?

Consult a personal injury lawyer as soon as possible after an Airbnb rental injury, especially if the injury is serious or you have trouble filing a claim. If you’re being pressured to accept a quick settlement or are unsure about the value of your claim, a personal injury lawyer can negotiate for you. The earlier you involve legal counsel, the better your chances are of preserving evidence, building a strong case, and getting the compensation you deserve.

How State Laws Impact Airbnb Injury Claims

State laws in New York affect how Airbnb injury claims are handled, especially premises liability and short-term rental regulations.

Premises Liability Laws: In New York, property owners and Airbnb hosts have a legal responsibility to safely maintain their properties for guests. If a guest is injured due to the host’s negligence, including failing to fix a hazardous condition or provide adequate warnings, a claim can be filed under New York premises liability laws. If the guest is found to be partially at fault, their compensation might be reduced due to New York’s comparative negligence law. 

Short-Term Rental Regulations: New York City has strict regulations on short-term rentals, including registration as well as restrictions on renting out apartments for less than 30 days. If an injury occurs in an unlawfully listed property, it complicates liability. Airbnb’s Host Protection Insurance may not cover these claims and this makes a host more vulnerable to a personal lawsuit. 

Insurance Requirements: New York doesn’t require specific insurance for Airbnb hosts, but failure to disclose short-term rental activity to a homeowner’s insurance provider could result in denied claims. Injured guests may need to pursue compensation through the host’s personal coverage or file a lawsuit.

Airbnb injury claims in New York can be complex and you may need an experienced personal injury attorney familiar with state laws to navigate them.

How Long Do You Have to File an Airbnb Injury Claim?

New York has a three-year statute of limitations for personal injury claims. Guests who are injured must file their claim within three years of the incident, or lose the right to seek compensation.

Steps to Strengthen Your Airbnb Injury Claim

To strengthen your Airbnb injury claim, document the incident and establish liability. Seek immediate medical attention. Take photos or videos of what caused the injury. Report the incident to the Airbnb host and Airbnb. Keep thorough medical records to show the financial impact of your injury. Don’t discuss the details of the incident with anyone until you’ve met with a lawyer or it could adversely affect your case. A personal injury attorney who has experience in Airbnb cases can negotiate with insurance companies and improve your chance of winning your case. 

What Compensation Can You Claim After an Airbnb Injury?

After an Airbnb injury, you might be able to claim some types of compensation depending on your injuries and the circumstances of the incident. Medical expenses are the most common and may include hospital visits, surgeries, medications, physical therapy, and future medical care. If the injury prevents you from working, you can claim your lost wages and reduced earning capacity if you have a long-term disability from the injury. 

Claiming compensation for pain and suffering includes the overall impact on your quality of life and your emotional distress. If the host’s negligence was extreme, you might be awarded punitive damages. If coverage is denied through Airbnb’s Host Protection Insurance, you might need a lawyer to sue the Airbnb host separately in a personal injury lawsuit. A qualified attorney can help you file your claim and get you the compensation you’re entitled to.

Why Choosing the Right Lawyer Is Critical for Your Airbnb Case

A lawyer with a strong track record in Airbnb personal injury cases understands how to handle premises liability claims and figure out who is liable. They know how to gather evidence, negotiate settlements, and are familiar with New York short-term rental injury laws. Choosing the right lawyer can ensure you present a strong case in court and get you the maximum compensation you deserve. Curan & Ahlers lawyers are experts at handling Airbnb injury cases. Call us today and we’ll arrange a free consultation to review your case. We don’t charge any fees until we win. We’ll fight for you and maximize your chances of a successful outcome.

Related Rental Injury Blog Posts:

• What To Do After Your Injury At a VRBO Rental

• Can You Sue A Hotel For Injury?

• How to Sue an Airbnb Host for Injury in New York

• What to do if you Damage a Rental Car Without Insurance in New York