Who Is Liable For My Accident If I’m Staying At an Airbnb?
Airbnb properties have become enormously popular for vacationing family and friends throughout the U.S. and other parts of the world. Most Airbnb rentals are owned by private owners (or hosts), and most are clean, pleasant to stay in, and well-maintained.
However, as Airbnb properties have increased in popularity, so have the accidental injuries at these units, and many injuries have been severe.
If you or a family member are injured at an Airbnb, you must first know who is legally liable. In many cases, injuries to guests at Airbnb’s could place legal liability on the host (or owner of the property) and Airbnb itself.
However, if you or a family member are injured while at an Airbnb, they’re specific things that you must do to be able to claim possible financial compensation legally.
Although the process is relatively straightforward, there are differences in this type of personal injury lawsuit.
First, get the medical attention you or your family member needs! Then, if you even suspect that negligence was involved in the accident, obtain a case evaluation with an experienced team of Miami personal injury lawyers familiar with Airbnb lawsuits.
In almost all Airbnb lawsuits, the property owner is usually liable for your injuries. However, additionally, you may also be able to receive compensation directly from Airbnb through their Airbnb “Host Protection Insurance.”
If the Airbnb property owner is negligent, they almost always will bear the legal liability for injuries their guest suffers.
These lawsuits commonly follow the Florida laws pertaining to “premises liability” cases. Your personal injury law team will use these rules to determine whether the property owner is negligent and legally liable for your injury.
Must My Airbnb “Host” Carry Insurance For My Injuries?
Interestingly, when Airbnb began doing business, the company had a policy that made both hosts and renters sign a waiver stating they couldn’t sue Airbnb for an accident or injury on the property. However, after a time, this changed, and Airbnb instituted an insurance protection plan for all their “hosts” known as Host Protection Insurance.
Hosts can receive up to $1 million in liability insurance by opting into the Host Protection Insurance Program. If your claim exceeds the million-dollar cap, then any other compensation owed is up to the homeowner or host.
Airbnb’s Host Protection Insurance would apply to any guest who rents their home via Airbnb’s app.
Also, as the injured party, you would put your claim through the company, covering the host. This is a fairly complex process, and in most severe injury cases, your knowledgeable and thorough Miami personal injury lawyer’s help will be invaluable.
Does the Airbnb Host Protection Insurance Have Any Exemptions?
The simple answer is yes; the coverage does have exemptions.
Airbnb’s Host Protection Insurance does not cover every type of accident or mishap that may occur at an Airbnb property.
Just a few of the exemptions to the Host Protection plan include:
- Intentional harm inflicted on you, such as sexual abuse, battery, or assault due to the host or anyone else on the property.
- Auto accidents that occur off the Airbnb property.
- Any lost earnings of the host.
- Any transmission of infectious diseases, such as COVID, the Flu, and more.
- Thefts on the property.
- Natural disasters, pollution, or asbestos issues.
- Acts of terrorism, and more.
To legally and correctly know who to sue and how it’s always wise to consult with an experienced Miami Airbnb accident law team. Injuries at an Airbnb are commonly complex to litigate and may involve multiple lawsuits. Your competent Miami personal injury law team will be familiar with Airbnb litigation and how to best navigate your case.
What Types of Accidents Occur At Airbnb Locations?
If you’re staying at an Airbnb, almost any type of accident can and does occur inside or on the property of an Airbnb rental.
Some of the most common types of accidents are:
- Slip and fall accidents in the home or on the property.
- Collapses in parts of the structure itself.
- Exposure to dangerous and toxic substances in and around the property.
- Intentional violence and crime such as sexual assault, physical assault, murder, and more.
All Airbnb property owners in Florida are legally obligated to provide a duty of care for their guests, maintain their premises reasonably safe, and repair or mark potentially dangerous conditions.
The property owner is liable if a guest is injured because of an unsafe condition.
Typical examples of some “unsafe conditions” would be:
- Slippery surfaces.
- Broken steps or stair railings.
- Defective door locks that cause a lack of security.
- Hazardous substances and objects.
You must also note that if you are renting an Airbnb location and are injured due to a criminal act by a third party, there are cases where the property could be liable for negligent security. In this matter, however, your personal injury lawyer must show that the owner failed to take reasonable steps to prevent a possibly foreseeable criminal act.
I Have Been Injured While Renting an Airbnb; What Should I Do?
Being injured while staying at an Airbnb property is always challenging to prosecute, and Just because the Airbnb owner is liable for your injuries doesn’t mean you’ll automatically recover damages.
Also, in most cases, Airbnb escapes its liability regarding injuries on its listed properties. However, this area of law is constantly evolving as Airbnb continues to grow. The best path is to consult a Miami personal injury lawyer familiar with Airbnb cases before moving forward.
Additionally, although most Airbnb hosts hold insurance policies that provide coverage for you, many exclude the proper coverage when the property is used as a “business.”
So, if you’re injured, don’t take any chances of suffering high medical bills, lost wages, and possibly much more on your own. Consult a professional personal injury lawyer familiar with Airbnb injury cases and their constantly changing statutes.