AIRBNB Accident Attorney – Can I Sue for Injuries

Every year, hundreds of thousands of individuals and families use Airbnb to facilitate short term rentals in properties owned by others. In many cases, renters suffer severe injuries caused by the negligent or wrongful actions of property owners. With the rise of owner-occupied rentals that are organized by companies such as AIRBNB, it is important to understand who is liable in the event that you get injured.  If you have been injured while at an AIRBNB rental you may be able to seek recovery for your injuries. This article will discuss liabilities, common injuries and potential factors in deciding your case value. If you have been hurt, contact our office for a free confidential case evaluation. An experienced attorney at Normandie Law Firm will be willing to discuss your case with you.

Common Accidents:  Some of the most common accidents and corresponding injuries to befall victims are provided for below …

• Slip and fall accidents caused by wet and oily surfaces
• Trip and falls
• Defective stairways
• Collapsing or caved in roof
• Fires which result in burn injuries and smoke inhalation
• Contraction of bed bugs and bed bug bites
• Acts of assault and battery caused by inadequate security
• Acts of sexual violence
• Dog bites and animal attacks
• Elevator accidents
• Exposure to other toxic fumes and chemicals
• Drowning in swimming pools
• Carbone monoxide poisoning
• Wrongful Death
• Defective appliances

Who is Liable Should I Get Injured while at an AIRBNB Rental?

Liability for injuries depends on a number of factors. First, you can hold the property owner responsible for the harm you have suffered. A property owner who decides to rent his or her property for profit owes a duty of care to the renting party. Generally, if you rent a property you are entitled to have it be safe from potential harm. This is very similar to renting a hotel room, where you have an expectation that the property will be free from any defects. Similarly, renting a property from an AIRBNB owner extends you the expectation that the property will be free from any known defects. This duty also extends to issues with the property that could have been identified through reasonable inspection.

Duty to Inspect: Typically, a property owner must perform a reasonable inspection of a property every so often. They must take the time to actually inspect the property and identify whether any threats or issues may exist and promptly move to correct them. Failure to either inspect for issues or to correct known issues will hold the property owner liable for any harm sustained by renting party or tenant. Commonly, there may be problems with the grounds themselves, such as holes in the dirt that could cause people to trip or trees with broken branches that could potentially fall while someone is walking below. Property owners must be aware of these issues within a reasonable time.

Second, you may have a potential claim against AIRBNB as well. Even though AIRBNB is technically not the owner of the property and merely a platform through which you can rent, they still share responsibility. AIRBNB is liable when they hold the property out to be safe and it turns out to be dangerous. In such cases, the consumer has an expectation that AIRBNB will provide a safe place, free from defects that may cause injury. Upon failing to provide a safe place, AIRBNB can be said to have not met its end of the bargain, which can be considered grounds for a lawsuit.

Finally, specific insurance exists to cover for almost most injuries. However, this is very coverage specific and will depend on whether there was any notice. You should talk with an experienced attorney and your insurance provider to determine if you have or can apply for special or specific coverage.

Premises Liability Laws 

If you intend to file a premises liability lawsuit, you should be aware that there are different types of visitors that can be present on a property.

The first is an invitee; invitees are essentially customers who enter a premises for a mutual benefit. They aim to spend money and receive a service at a store, for instance. Those who rent AIRBNB homes fall into this category. They are afforded the highest duty of care and should be kept as safe as possible by the property owner. It does not matter if the property owner is not actually present on the property.

Licensees are those who enter premises as social guests. They are not browsing with an intention of making any purchases. Other licensees may be door to door salesmen. Someone who enters an AIRBNB but is not part of the rental agreement may have legal cause to sue in the event of an injury.

Finally, trespassers are those who have no legal right to be on your property. Although it is perfectly acceptable for you to have deterrents and alarm systems set up to keep trespassers and intruders out, you cannot purposely set up traps that would harm trespassers, especially if they are only passing through. A common example of this is if your yard has no fence and is a popular shortcut from one street to another. While trespassers have fewer rights than invitees and licensees, they must still be given a duty of care, albeit diminished.

If you are curious which category you fall into and wish to take legal action against a property owner or against AIRBNB, contact one of our accomplished lawyers today.

Steps to Take if Injured in an Air B N B Rental

There are several steps you should take in order to preserve your legal right to recovery for the damages you have suffered.

• If injured, seek medical attention immediately: Call 911 and have an ambulance transport you to hospital. Make sure you inform the medical doctors of all your injuries; be as detailed as possible. Insurance companies often use the argument that a claimant could not have suffered injuries because there was no immediate medical attention. In order to mitigate that excuse, all victims should be evaluated for their injuries and commence medical treatment as soon as possible following the incident. Even if you do not feel as though you have been wounded, seek help anyway; a medical professional may determine that there is something wrong with you that you missed due to adrenaline.
• Gather evidence: Take pictures of the cause of the accident and the premises itself. If there are any witnesses, make sure you take down their contact information and record their statements and testimonies. It will also come in handy if you have photos of your injuries, video evidence of how the faulty incident occurred, and more.
• Keep all receipts and documents showing that you were a paying customer of AIRBNB and the specific property on which you were injured. Your credit card statement, email of confirmation, and more can all be used to prove that you were the renter of the home during the specific time period in which you were hurt.
• Do not speak with the property owner regarding the accident. Any comment you make can be used against you during the trial.
• Do not speak with any insurance adjusters that may contact you. The goal of an insurance adjuster is to reduce or eliminate any chances you may have of recovery, and he will use any trick in the book in order to achieve this. Sometimes, they will request that you take a free rental for a weekend or offer a gift card of some kind. If you accept this compensation, you the insurance company will argue that you cannot seek additional damages because an agreement was already reached.
• Seek legal assistance from our experienced personal injury lawyers: Once our law firm is involved in your case, we will do what it takes to win your case. It will be difficult for you to file a claim and win it by yourself, and assistance is available.

A common question that is asked is, “Do I need a lawyer?” The answer is yes: you should absolutely hire a lawyer in the event that you sustain damages while at an AIRBNB. Insurance agencies tend to be extremely fickle and will refuse to pay whatever they can to victims of physical injuries. You may not have the time or energy to negotiate with an insurance agent, especially one who constantly rejects your claim or ignores it. A skilled lawyer will be able to stay on top of your case and ensure that it is swiftly dealt with.

With an attorney, you will be able to prove that you were owed a duty of care, the duty of care was breached, the breach resulted in an accident, and the accident led to physical injuries.

Common AIRBNB Injuries

Depending on whether it is a house or apartment that was rented through AIRBNB, we have seen different types of injuries. It is common for certain exposed re-bar issues to exist caused a trip and fall. In other situations, you have plumbing issues, which can cause serious slip and fall injuries because of water spillage or other liquids on the floor. For example, a leaky toilet could create a slippery floor that may cause someone to lose his balance when he enters the bathroom, and upon falling, could hit his head on the porcelain bathtub or sink.

When dealing with an apartment building, you see different types of issues, particularly when you have balconies that are not properly secured. This can easily lead to falls from great heights if a railing is loose, broken, or rusted, or if too many people are on the balcony at once. In other situations, you see collapsing ceilings or balconies in general, which can cause devastating injuries. Not only does this pose a threat to anyone standing on the balcony, but it also places those below in danger as well.

Typically, the most common injuries occur when the property has leaks that result in falls. Other times, balconies and stairs are not properly maintained, which in turn results in serious injuries to occupants. Usually, the problem is with the property owners who have a rental unit and decide to rent the unit to turn a profit. As such, you naturally have a number of people who don’t properly inspect the unit. Property owners may even let various occupants stay there consecutively before inspecting the home.

In certain situations, you have people who rent the unit as a side way of earning a profit. However, in other situations, you have more seasoned property owners who are involved in the rental. As such, you can argue that they have a more heightened duty of care since this, in essence, is a business for them.

– AIRBNB Accident Attorney – Can I Sue for Injuries

Common Injuries:  Some of the most common injuries resulting from the negligence of Air B N B property owners, leaseholders, and managers include the following.

• Back and neck injuries: Injury to the spinal column can be devastating to the victim, often resulting in chronic pain and the inability to work. Victims should be evaluated by a spinal cord specialist, such as a pain management doctor or any orthopedists specializing in damage to the spinal column. Common treatment options may include physical therapy, chiropractic care, epidural injections, and in some instances, procedures to remove a bulging or herniated disc.
• Head injuries: A traumatic brain injury is in many ways to the most serious type of harm to a victim because it can change who the person is. Common causes of head injuries can include slip and fall accidents, falling objects, falls from stairways, and acts of assault and battery. Clear indications of a brain injury can include a short term loss of consciousness, slurred speech, and cognitive problems. A concussion is the most commonly seen head injury.
• Shoulder damage: Any type of pain in the shoulder should be taken seriously. Victims need to be evaluated by an orthopedic doctor with a specialty in shoulder damage in order to determine the extent of their injuries. Common shoulder injuries can include rotator cuff tears and shoulder dislocations. These injuries may take months to heal, even with physical therapy, and the ability to return to a regular range of motion may be negatively impacted by the severity of the damage.
• Broken ankle and knee injuries: Common knee injuries include tears to the MCL or ACL, meniscus, and shattered kneecaps. Broken and sprained ankles often happen in falls where victims try to catch themselves or when victims step in holes or on faulty stairs that give way beneath them.
• Facial injuries: This may include a broken nose, severe lacerations resulting in scarring, damage to the jaw resulting in TMJ injuries, and facial nerve damage resulting in paralysis. Eye injuries are also possible.
• Tinnitus and other damage to the ear: Damage to the ear can result from slip and falls. Common signs of tinnitus are chronic ringing in the ear or a high pitched whine, as well as the inability to clearly hear and discern sound. A victim should be evaluated by an ENT (ear, nose, and throat) doctor. If there is any form of hearing loss, the ENT specialist will refer the patient to an audiologist.
• Hand and wrist injuries: Many victims will attempt to dampen their falls by placing their hands in front of their falling bodies. This can result in severe damage to the hands and wrists due to the high amount of gravity and body weight being pushed onto such small bones.
• Other injuries include fire and burn injuries, smoke inhalation, carbon monoxide poisoning, inhalation of toxic mold, and bites from bed bug infestations. All of these damages are unique in their own rights and require specific kinds of medical care.
• Psychological damage: One of the most overlooked injuries is the damage to a person’s mental health following a traumatic event. An act of violence, including assault and battery and sexual assault, usually results in the highest levels of mental suffering. It can be mentally debilitating to enter the home of a person with whom you are unfamiliar, and strangers may trigger anxiety or crippling fear.

Scooter Injuries at AirBNB Locations

One of the fastest rising causes of injury at AirBNB is electronic scooters. Some individuals ask us questions like:

• Can I sue for tripping over a Bird scooter left on the ground?
• Can I file a lawsuit for falling over an Uber scooter on the ground?
• Can I sue for getting hurt by a Lime scooter left on the sidewalk at an AirBNB?

The answer is yes. You may be able to file a claim against either the scooter company or the AirBNB, depending on the circumstances of the incident. You should reasonably expect that the property is safe from hazards, and the property owner should ensure that there are no issues. If there is a tendency for neighbors to leave scooters on the property, the owner should sufficiently inform you of this so that you do not get injured during your stay.

Calculating the Value of A Personal Injury Case

If you have suffered any of the above injuries because of an accident or an incident at an AIRBNB, reach out one of our highly qualified Los Angeles lawyers today.

Compensation for Victims

Individuals who have suffered harm that was caused by the wrongful actions of others are entitled to monetary recovery for all of their damages and injuries. Victims are entitled to recovery for the following:

• All current and future medical treatments, surgery costs, medication fees, and physical rehabilitation costs
• Damage to property, loss of property, or replacement of property
• Loss of income and future potential loss of earnings due to extensive physical damage or an inability to return to work because of recovery or medical treatments
• Emotional distress and pain and suffering, which are non-economic damages that cover PTSD, fear, anxiety, psychological stress, mental scarring, and more

Gym Accident Injury Lawyer

Punitive Damages Compensation:  Courts can grant punitive damage compensation in cases where the at-fault party acted with either the intent to cause harm or acted in reckless indifference or gross negligence of the life and health of tenants. These damages are merely additional forms of monetary compensation that are intended to punish the defendant for his actions. Examples of intentional conduct can include assault and battery, sexual assault, rape, and molestation.  Reckless or grossly negligent conduct can be established if the at fault party knew that his actions or inactions could result in a substantially high likelihood of harm to others. An example of reckless behavior may be a property owner who knows that a railing of a stairway is loose and that there have been prior instances of accidents because of the defect, yet there is no action taken by him to resolve the problem. Under federal and state law, punitive damages may not exceed 10 times the actual damages an individual has suffered. However, only skilled and talented lawyers will be able to secure these damages for you due to the fact that many courts view them as excessive.

Statute of Limitations on AirBNB Claims

In California, the statute of limitations to file a premises liability lawsuit is 2 years from the date of the injury. If you do not file a claim within this time period, you will be unable to collect any compensation in the future. It is important that you act quickly when you wish to file a claim; the longer you wait, the more likely it is that your evidence will get corrupted or lost over time, and you will have a harder chance proving your side. The statute of limitations allows both parties sufficient time to gather evidence and to build a case against one another.
There are a few situations in which the statute of limitations can be extended beyond the 2 year limit, however. These scenarios include the following:
• Minors: Individuals under the age of 18 years old cannot legally sue, and thus the statute of limitations will not count down until they turn 18 years old.
• Incapacitated individuals: Some accidents may result in victims being left physically incapacitated, as in a coma, or mentally incapacitated, as in suffering from an emotional breakdown. The degree of the incident and the ensuing injuries can both influence these possibilities and cause such severe results. The victim will not have to adhere to the statute of limitations until he returns to functional health or presence of mind.
• Absent defendant: If you wish to file a lawsuit but the defendant is not present in the state, the statute of limitations will not count down. Instead, it will be frozen until he returns to California. It can be frozen at any point throughout the time frame.
The main reason that many individuals do not get the compensation they deserve is because they do not know what the statute of limitations is on their claim. They may not know if there is a time limit, how close they are, or if they are eligible for any extensions. If you come to our firm, we will be able to tell you the deadline for your case and help you submit your claim so that it does not get thrown out due to inactivity.

Our Law Firm’s Promise

Our team of skilled attorneys at Normandie Law Firm promises to do all we can to bring you the compensation you deserve for any injuries sustained while renting an AIRBNB. You should not be expected to cover all of the expenses related to your injuries if the fault can be attributed to another party. With the help of our law firm, you can rest assured knowing that your case is in good hands. Our aggressive lawyers will not stop negotiating with the insurance agency until we reach a settlement you are happy with, and if we are still unable to bring you a worthwhile amount of restitution, we will gladly take your case to court.

Cost of Legal Representation:  All personal injury cases are handled by our firm on a contingency fee basis. This means that you will not have to pay upfront for any legal fees or costs. Our fees are tied to your settlement; in other words, if we cannot win your case, you will not owe us a single penny. We will cover all the costs we expended if we lose. We make sure that your personal out of pocket finances are never touched when you seek legal action; we believe that you should not have to spend your own money when pursuing compensation because of the negligent actions of another party. To learn more about our ZERO FEE Guarantee, see here.

Free Attorney Consultation: If you have been harmed or injured from renting an AIRBNB unit you may be entitled to compensation. Feel free to contact our offices. All case reviews and legal consultations are provided by our firm completely free of charge. During the consultation, you can receive details about the lawsuit and what the value of your case may be, and we welcome you to ask us any questions you have. Further, all of our consultations are completely confidential; you will never have to worry about your personal information and the contents of your case being exposed anywhere else.

For more information filing a lawsuit against AIRBNB or a property owner, get in touch with an experienced lawyer at Normandie Law Firm in Los Angeles, CA.