AirBNB is a company that allows guests the easy ability to rent out locations for short-term stays. These locations are not hotels or necessarily bed and breakfasts; instead, they are usually empty homes or houses that the property owner has decided to list. The owner generally does not interact with the guests, and the majority of transactions are done through the app. Because the app is essentially a third-party listing system, it there are no workers who go to the location to make sure everything is in order. Therefore, AirBNB rentals may be dangerous and unkempt. A lack of maintenance and care by the owner can pose many risks for prospective renters. If you suffer injuries while at an AirBNB, our law group can help you win the case. Normandie Law Firm can provide you with a highly esteemed AirBNB injury lawyer in Los Angeles.
How does AirBNB work?
Prospective hosts can list their homes on the app for a certain amount of money. The guests can then explore the app in search of homes that fit their needs. They can sort by size and amenities. Once they are satisfied with the choice, they make payments and begin to communicate, if necessary, with the host. The host can check over the identification of the guests and the guests can ask about any attractions.
What is AirBNB’s insurance coverage?
Once a guest enters the home, AirBNB’s insurance coverage kicks in. The host protection insurance offered by the company allows those who were injured in accidents in the home to pursue compensation for expenses. This is due to the fact that the expenses that may arise from the incident are seldom able to be covered by a single homeowner. Further, homeowner’s insurance does not cover third-parties if the individual is renting the house out for profit.
AirBNB’s host protection insurance does not cover guests in the event of the following:
- Acts of terrorism against the state or country in which the home and inhabitants are caught in the crossfire or victims of the rippling effects
- Rape, intentional harm, sexual assault, or physical assault and battery at the AirBNB
- Asbestos, chemicals, and mold at the home
- Dangerous bacteria looming
- Pollution, smog, smoke damage, and haze
- Theft of items
- Bed bugs, flea bites, and other similar vermin issues
- Lead poisoning from water or paint
- Product liability for defective items
- Car accidents and crashes that occur on the property
- Defamation, libel, slander, and similar acts
- Earthquakes, floods, tornadoes, and other “Acts of God”
Some of these exceptions seem absurd. For example, if you rent a location from the app but it turns out that the home has bed bugs, you should be able to take legal action against the company. The homeowner did not provide adequate housing and did not prove that his home was safe.
As it stands, the insurance policy will cover damages for up to $1,000,000 in the home. Bear in mind that the hosts are also protected if the guests damage the homes in some way, but this primarily pertains to property damage and repair.
What are common accidents in AirBNB homes?
AirBNB homes may not be properly maintained by the hosts, and as such, guests can be injured in a number of ways. Injuries and damages resulting from these accidents should be covered by the host and the company. Some common accidents that happen at AirBNB locations include:
Slip and falls due to defective stairs, ripped carpeting, potholes, cracks in the sidewalk, slippery bathroom tiles, leaky air conditioning units or refrigerators, and more
Structural accidents, like collapsed ceilings and roofs, caved in walls, broken stairs, sinkholes, broken windows, and lack of handrails on staircases
Assault and battery, even sexual assault, which can happen if individuals rob the house, follow guests home, and more; even AirBNB hosts have been found to commit such acts
Sicknesses from mold, carbon monoxide, leaky chemicals and solvents, and more
Bed bug infestations, which can also lead to bed bugs latching onto your luggage and traveling back home with you
Dog bites, which may happen if there are dogs that can wander into the property or if the host has a dog present in an apartment that is partially occupied
These accidents can be attributed to the negligence of the AirBNB host or homeowner.
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What are injuries I can suffer in an AirBNB accident?
The type of accident you suffer at the AirBNB rental will largely determine what kind of injuries you will sustain. The damages can range from minor to severe, and examples include:
- Broken bones
- Neck and spinal cord injuries
- Concussions
- Brain injuries
- Internal organ damage
- Infections
- Lung damage
- Puncture wounds
- Crushing injuries
- Sprains
- Dislocations
- Nerve damage
- Burns
- Torn muscles
- Cuts and bruises
- Lacerations and abrasions
- Scarring
- Paralysis
- Coma
- Death
Of course, the worse the injuries, the more likely it is that you can sue for appropriate compensation. If the injury could have been avoided, you could potentially earn more. For example, if you were staying in an AirBNB and the roof had sustained water damage but was not fixed by the homeowner, you could receive a larger settlement if the roof collapses and injures you. The homeowner had ample time to repair the damage but opted not to.
How can I file a claim against AirBNB or the host?
If you wish to file a lawsuit against the AirBNB host or the company, you will need to have ample evidence backing up your claim. This evidence can include:
- Documents showing that you rented the location, such as proof of purchase, receipts, emails, app screenshots, and more
- Photos of your injuries
- Photos of the scene of the incident and any potential hazards present
- Interviews from other guests who stayed, testimonies from people who saw the incident occur, or reviews from other users who suffered similar accidents at the location
- Proof of medical treatment after you went to the hospital, including receipts from the billing department, medication and prescriptions, doctor’s notes, and more
You should immediately go to the doctor for treatment so that you do not delay getting fixed up and so that there is no gap between the incident and the visit. If there is a gap, the insurance agent can dismiss your claim and may believe that you were hurt elsewhere. It will be in your best interest to hire an attorney to handle your case, as you will be filing a premises liability lawsuit.
To file a premises liability claim, you must establish that you were rightfully on the property. Invitees and licensees (individuals who are present for a mutual benefit and social guests, respectively) are generally able to sue due to their statuses, while trespassers (those with no legal right to be present on the property) often cannot. To sue, you must establish that the property owner or responsible party met one of these requirements:
- The homeowner caused the hazard or incident at the property
- The homeowner knew about the hazard or problem and did nothing to fix it
- The property manager or owner was unaware of any potential issues but reasonably should have been if he was more attentive in his maintenance
If you have never filed a lawsuit before, it is crucial that you hire an attorney to sue AirBNB. You may not have any legal experience, and if you try to sue by yourself, the agent will not take you as seriously. Our lawyers are highly experienced and have dealt with lawsuits against AirBNB for years, so we know the most successful tactics to win your case for you.
What can I win from an AirBNB lawsuit?
Individuals who were hurt while staying at AirBNB locations can earn various types of compensation. Our lawyers will strive to secure you the following:
- Medical bills for any treatments you received, as well as coverage for any future procedures
- Property damage for reimbursement of any broken items or lost belongings
- Lost income from the time you could not go to work, whether from the past or future
- Pain and suffering damages for any emotional stress, anxiety, fear, PTSD, psychological trauma, and more that arose from the incident
- Reimbursement for fees made to AirBNB, travel costs, rental fees, and more
You should not be expected to cover these damages if you were injured while staying at an AirBNB.
How long do I have to file a lawsuit for an AirBNB accident?
In California, you have 2 years from the date of the injury to file a lawsuit against the responsible party after an accident. If you do not file a claim within this period of time, you will be unable to receive any restitution in the future. The 2-year limit allows you to gather ample evidence and take legal action without potentially ruining the case or letting evidence go to waste or become corrupted.
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You may be able to extend the statute of limitations depending on the circumstances of your case. Minors who were injured can wait until they turn 18 to adhere to the statute, while those left mentally or physically incapacitated can wait until they return to functioning health. If a defendant leaves the state, he will not be able to be sued, so the statute would be suspended until the time he returns.
The main reason that lawsuits are not successful is because they are simply not filed. We will make sure that your AirBNB injury lawsuit is filed on deadline and on time.
The Best Firm in Town
Our law firm, Normandie Law Firm, can provide you with an AirBNB injury lawyer in Los Angeles. We will help you with your claim from start to finish. We are aggressive when it comes to winning cases and we will not give up until we are satisfied that we have brought you the maximum compensation for your claim.
Call our law firm for legal assistance and to set up a free legal consultation. We are available 24 hours a day, 7 days a week, and all of your private information and case details will be kept totally confidential. We will go over your case with you and tell you how much compensation we believe we can win. You can ask us about the legal process and what you can do moving forward.
We will also give you our zero fee guarantee if you hire us. This promises that you won’t have to spend any money at all on the claim, and we will cover all the costs ourselves. We won’t get paid unless and until we win, and if we lose, we take nothing from you.
For an expert AirBNB injury lawyer in Los Angeles, get in touch with Normandie Law Firm today.