An AirBNB can be a dangerous place. There is no way for you to know the extent of the hazards and if there are dangers present in the house. The only proof there is consists of photos taken by the homeowner, so naturally, the best parts will be shown and the worst parts will be hidden. Many guests get hurt in AirBNB locations each year, and there is often a strong case for a lawsuit. Our law firm, Normandie Law Firm, can provide you with a team of experienced AirBNB injury lawyers in San Diego to ensure that you win worthwhile restitution from your claim against the company.
What are some AirBNB accidents?
The list of accidents that can happen at AirBNB is quite large. Most of the time, guests will slip and fall on hazards in the home, such as torn or ripped carpeting, potholes or sinkholes n the yard, stray materials in the house or basement, slippery floors from leaks throughout the home, and much more. They may even fell because the stairs are defective or because there are no handrails to help with balance. These are basic problems that should be fixed well before anyone stays at the house, and the negligence o the host can be blamed.
Additionally, there is the chance that the host is not clean. He may have vermin, bed bugs, roaches, fleas, and other infestations present in the home. These troubles are not covered under the insurance, but with our help, you can sue for damages. Bed bugs are extremely frustrating to deal with, especially because the bites do not show up immediately and will only appear after a few days. They can easily crawl into your luggage, and before you know it, you could have an infestation at your house, miles or states away.
Some AirBNB owners also have dogs that may be aggressive if they see strangers in the house. The owners may have the dogs on the property or in the home itself, and if you are bitten, you could take legal action against the host and company.
The home may also not be structurally sound. Broken handrails and defective steps are only two issues – there could be weak ceilings, a roof damaged by rain, broken floors, unsupported beams, and more that can all suddenly fall or collapse, leading to severe injuries.
What is AirBNB’s Host Insurance Protection?
Host Insurance Protection is given to hosts to keep them safe from paying compensation to injured guests. This is because homeowner’s insurance does not activate when the home is being used for profit, and because the damages are usually excessive and would not be fully covered. The policy given by AirBNB covers up to $1,000,000 in damages for guests. However, there are exceptions.
Essentially, any intentional act of harm in the AirBNB or any act of nature is not covered. Therefore, sexual assault, physical assault, flooding, terrorism, rape, mold, earthquakes, and more are deemed out of the hands of AirBNB. Importantly, it also lists bed bugs, asbestos, bacteria, product liability, and other issues as well.
It is crucial that you speak with an attorney to better understand the host insurance protection program and how exceptions may be circumnavigated.
How can I sue AirBNB for an accident?
If you wish to file a lawsuit against AirBNB you should make sure that you have all of your evidence in order and that you have grounds to file the claim. Too often, individuals will try to take legal action without having a good foundation, and as a result, they will lose their lawsuits.
You will be filing a premises liability lawsuit against AirBNB. This means that you must be either an invitee or a licensee. These individuals have legal rights to be on the property, with the former being customers of some kind and the latter being social guests. If you were not legally allowed on the AirBNB property, you would be considered a trespasser. Although trespassers do have some rights, they likely won’t have as easy of a time as the other two groups of individuals. You must then prove that the property owner knew about the hazard and did not fix it, caused it himself, or that he should have reasonably known about it in his maintenance but did not.
The evidence you should gather for your case includes the following:
- Medical notes and receipts from the hospital showing the treatment you got, since it is crucial that you prove that you were hurt
- Pictures of your injuries and the damages you suffered, the damage to the AirBNB, the damage to any vehicles or personal items, surveillance or security footage from the home (if available) and more hard evidence
- Documents, credit card statements, receipts, in-app screenshots, emails, confirmations, and anything else that show that you were rightfully a renter at an AirBNB and that you made a purchase through the app
- Testimonies and statements from eyewitnesses explaining what happened at the AirBNB how the incident unfolded, and more; they can also provide their own stories if they were injured and in some cases, it may be wise to join together for a class action lawsuit
- Contact information and insurance information of the host
Once you have all this evidence, you can go to a skilled lawyer with experience in AirBNB lawsuits in San Diego. This will allow you to get the best representation available for your case. You may not have any legal experience at all, and if you try to file a claim by yourself, you might not be able to win it. You should focus on recovering if you were hurt at an AirBNB, and our attorneys will take care of your case while you get better.
How much can I win in a lawsuit against AirBNB?
The amount of compensation you can receive from a lawsuit against AirBNB varies depending on the extent of the injuries you suffered. The insurance agent responsible for your case will look at the damage you suffered and consider the effect it had on your career and lifestyle, and he will determine if you were partially responsible for the incident. Most of the time, insurance agents will be mostly concerned with protecting their own profits, and they will not award victims the compensation they deserve. Our lawyers will negotiate a fair deal from the agent in these situations.
The compensation you can receive includes:
- Coverage of medical bills from the past and future for hospitalization, surgery, medication ambulatory transportation, physical rehabilitation, and more
- Reimbursement of lost wages from the time you could not go to work, and payment for wags you would miss in the future if you were unable to work due to recovery time or medical treatments
- Payment for lost property, broken items, replacements of belongings, and more
- Pain and suffering damages for emotional stress, PTSD, anxiety, fear, and more
It is also possible to secure wrongful death damages in the event a family member or loved one passed way due to an AirBNB accident. You could have the funeral and burial fees covered, as well as the pre-death medical bills and pain and suffering paid for. Loss of consortium, relations, expected inheritance, savings, and more can all be added, too.
Do not let the company get away with not paying you what you deserve after an incident. Our attorneys can help you get every penny you need.
What is the statute of limitations for AirBNB lawsuits?
The statute of limitations for AirBNB claims, or personal injury lawsuits, is 2 years from the date of the injury. If you don’t file your claim within that time period, your lawsuit will be thrown out and you won’t be able to secure any compensation at all. Two years is ample time to gather proof; evidence is less likely to get corrupted and the defendant will often be able to pay off the losses without struggling.
There is the chance that you could extend this statute of limitations, however. The most common situation occurs with minors. Individuals under 18 years old cannot legally sue, and they can take action only once they turn legal age. The statute will not count down until then. Those who were left mentally or physically unable to sue, as well, can wait until they return to health before adhering to the statute.
The defendant must also be present in the state or you will not be able to file a claim against him. Many defendants occasionally leave the state or flee to avoid being targeted, but this does not mean that the statute is exhausted. The time limit will be suspended until he returns.
Individuals may mistakenly miss their deadlines because they were not paying attention to key dates. Our attorneys will always pay close attention to the time limit for your case, and we will not file anything past deadline.
Our Firm and You
Our law group, Normandie Law Firm, is known for having highly rated attorneys aggressively handle cases and negotiate ample settlements. We have the best success rate and we have recovered hundreds of millions of dollars for clients, including those who were hurt in AirBNB accidents. We know the best tactics for success and will pursue your compensation to the end, going to court if necessary to defend your rights.
To set up a free legal consultation with one of our lawyers, call the firm today. We will look over your cased and tell you what w feel it is worth, and you can ask us questions about how to move forward. All private details and information shared in your case will be kept totally confidential. Do not hesitate to reach out – we are available around the clock, 24 hours a day, 7 days a week.
If you hire us, we will also ensure that you do not spend a dime of your own money. Our zero fee guarantee prevents you from using your own finances to pay for the costs of the case, and we will be paid if we win by taking a portion of the settlement we bring you. If we lose, we take no money at all. You will never have your personal savings affected by working with our firm.
Reach out to Normandie Law Firm today to sue AirBNB for accidents. Our AirBNB injury attorneys in San Diego will be glad to help you.
