The last thing you need while on vacation is to get hurt. But accidents happen, and sometimes they are due to negligence on someone else’s part. Whether staying at an Airbnb or other short-term rental, you may have the right to file a personal injury claim if this has happened to you.
Legal Options
If you are hurt while staying at an Airbnb or other long-term rental, you may have two options for recovering damages.
- File a claim against the property owner. A property owner is responsible for maintaining a safe environment for all guests, paid or not. If the property owner’s negligence led to your injury, you can file a property liability claim against them.
- File a claim against the long-term rental platform. Online short-term rental platforms such as Airbnb or VRBO require detailed liability disclaimers for users (guests and hosts). Because of that, this may be the more difficult path to recovery. However, under certain circumstances, for example, if the platform failed to properly vet the hosts or rectify hazards previously known to them, you may have grounds for a claim.
Finding and hiring an experienced personal injury attorney is essential to recovering damages and other losses.
If You Are Hurt While Staying at a Long-Term Rental
Like any situation where you are hurt while on property other than your own, following some key steps may make it easier for you to pursue successful claims and recover damages.
- Promptly Seek Medical Attention
Obtain medical treatment promptly to document your injuries and ensure your health is prioritized.
- Document the Incident
Photograph the scene, including hazards and your injuries. If witnesses were present, collect their contact information.
- Report the Incident
Immediately notify both the host and Airbnb about the injury. This step creates an official record of the incident.
- Gather Evidence
Collect and preserve any other relevant evidence, such as medical records, surveillance videos, if any exist, and any communication you have with the property host and owner and the online platform company.
- Consult a Personal Injury Attorney as Soon as Possible
An experienced personal injury attorney with a history of successful premises liability cases is a critical step in the claims process. A skilled attorney will be able to determine liability, manage the legal process for you, and ensure your rights are always protected.
- File a Claim or Lawsuit
Your attorney will advise whether it is best to file a claim through the platform’s Host Protection Insurance or pursue a lawsuit against the host (or Airbnb) if negligence is suspected and likely to be proven. Your lawyer will guide you through filing the necessary legal documents.
- Watch the Calendar
Please remember that the statute of limitations for filing personal injury claims in California is two years. If you do not file within this time frame, your case will likely be dismissed.
Skilled and Affordable Personal Injury Attorneys Are Available
The team of skilled personal injury attorneys at Eason & Tambornini has over 100 years of legal experience. We fight for maximum, fair compensation for injuries and losses for every client we serve.
FREE Consultation and NO Upfront Legal Fees
Our personal injury attorneys offer a free, no-risk consultation to discuss the facts of your case and allow you to ask questions. We accept cases on a contingency basis only. This means you pay nothing until you win a settlement, ensuring your peace of mind.
You can schedule a free consultation today by calling Eason & Tambornini at (916) 438-1819.
