Vacation rentals have increased in popularity, especially in Miami, FL. Airbnb is one of the most popular sites individuals use to rent a home, guesthouse, or room while traveling. The rental platform provides travelers with a cost-effective alternative to hotels. Renting an entire home or a bedroom within a home gives guests more privacy, more household amenities, and room for larger gatherings.
However, who is responsible for Airbnb accidents and injuries? If you or a family member were injured while staying at an Airbnb rental, it is essential to understand your legal rights and who is liable for damages.
How Can Lavent Law Personal Injury Lawyer Help if I Have Been Injured at an Airbnb in Miami?
Have you or your children been injured while staying at an Airbnb in Miami, Florida? If so, you deserve to be compensated for your injuries and damages. Our Miami personal injury lawyers can help you recover compensation for your medical bills, lost wages, and pain and suffering.
At Lavent Law Personal Injury Lawyer, you work directly with an experienced Miami personal injury attorney. Boris Lavent is an award-winning Miami personal injury attorney who has helped his clients recover millions of dollars for their injuries.
You can count on our legal team to:
- Listen to your story
- Handle all administrative tasks
- Investigate the circumstances of your accident to gather evidence and identify responsible parties
- Calculate the full extent of your damages
- Negotiate with the insurance company for maximum compensation
If the responsible party won’t take responsibility for your injuries. we’ll take them to court. Rest assured, we’ll do everything we can to secure the compensation you need to move forward with your life. Contact Lavent Law Personal Injury Lawyer today for legal advice concerning your Airbnb injury claim.
Who is Legally Liable for Airbnb Accidents and Injuries?
The circumstances of your Airbnb accident and injury determine who is legally liable for your damages. The property owner could be liable under Florida’s premises liability laws. Property owners have a legal liability to maintain the premises in a safe condition for guests and visitors.
Because the property is being used as a business, the property owner’s standard of care is higher than if you were a social guest. A property owner is expected to inspect the premises and promptly fix any dangerous conditions that could result in an accident or injury. Failing to do so could result in liability for accidents and injuries experienced by Airbnb guests.
What Do I Have to Prove to Hold an Airbnb Host Liable for Damages?
You must be able to prove negligence to establish liability for damages. In other words, you must prove that the Airbnb owner failed to act with reasonable care to prevent an accident or injury.
The legal elements of a premises liability claim involving an Airbnb property are:
- The property owner owed you a duty of care to provide safe premises
- The property owner breached the duty of care
- The breach was a direct and proximate result of your accident and injury
- You sustained damages
Proving negligence in an Airbnb case could be complicated. You must establish that the property owner knew or should have known about the dangerous condition that caused your injury. A Miami Airbnb accident lawyer can investigate the circumstances of your injury to gather evidence establishing fault, negligence, and liability.
Is Airbnb Liable for Accidents and Injuries at Individual Properties?
In some cases, you could recover compensation for an Airbnb accident or injury directly from Airbnb.
Most homeowner’s insurance policies do not cover liability for accidents and injuries if the property is being used for commercial purposes (i.e., renting the property to another party). Therefore, filing a claim with the owner’s homeowner’s insurance provider may not result in payment for damages.
However, Airbnb established a program called “Host Protection Insurance” or HPI. Airbnb owners can take advantage of up to $1 million in coverage for bodily injury or property damage through the HPI program.
HPI coverage may include damages caused by a slip and fall accident that is caused by negligence. However, HPI does not cover all injuries that occur on Airbnb properties.
For example, HPI coverage does not apply to bodily injury caused by property conditions such as asbestos, bed bugs, and mold. In addition, HPI does not cover injuries related to intentional acts or car accidents that occur on the property.
The company could be held liable in some cases if it made false or misleading representations about the properties on its website. Airbnb expressly disclaims liability in its terms of service, but failing to conduct due diligence and fraud could be causes of action that might result in liability for injuries and accidents.
What Are Some Examples of Common Airbnb Accidents and Injuries?
There are many ways that you can be injured while staying at an Airbnb property — slip and fall accidents are among the most common.
Lack of maintenance can result in dangerous conditions, such as:
- Exposed electrical wires
- Bug infestations
- Inadequate lighting
- Defective appliances
- Negligent security (i.e., broken or missing locks on doors and windows)
- Broken or damaged stairs and steps
- Sexual Assault
Other potential causes of injury at Airbnb properties include dangerous chemicals on the property, swimming pool negligence, and animal attacks.
Injuries can range from soft tissue injuries, sprains, and strains to traumatic brain injuries, broken bones, and spinal cord injuries. Some individuals may develop permanent impairments because of an Airbnb accident, including paralysis, blindness, and amputation.
What Damages Can I Claim for an Airbnb Accident or Injury?
If you can prove that the property owner or Airbnb is liable for your injuries, you could recover compensation for your:
- Medical bills and expenses
- Cost of personal care and in-home health care
- The loss of wages, benefits, and other income
- Reductions in your future earning potential
- Physical pain and suffering
- Loss of enjoyment of life
- Disabilities and impairments
- Reduced quality of life
- Mental anguish and emotional distress
- Disfigurement and scarring
- Other out-of-pocket expenses related to the accident or your injuries
Your Airbnb claim’s value will depend on the facts and circumstances of your case. Our legal team works diligently with you and your medical providers to maximize the value of your personal injury claim.
What Should I Do if I Am Injured at an Airbnb Property?
Seek immediate medical attention for your injuries. Prompt medical care protects your right to seek compensation for damages. Delays in medical care could raise questions about whether your injuries were sustained at the Airbnb property.
You should also document the accident scene by taking photographs and videos. If the injury involves an appliance or other item, make sure to write down the serial number, manufacturer, and other information located on the item.
Report the accident and injury to the property owner and Airbnb as soon as possible. However, do not discuss the specifics of the accident until you have an opportunity to speak with a Miami personal injury attorney.
Lastly, you should discuss your case with an Airbnb accident lawyer near you as soon as possible. There are deadlines for filing personal injury claims related to Airbnb accidents and injuries.
Contact Our Premises Liability Attorney in Miami for a Free Consultation
If you were hurt at an Airbnb property in Miami, you don’t have to accept your injuries as bad luck. You may be entitled to compensation if the property owner’s negligence caused your damages.
Contact our law firm today to schedule your free consultation with our Miami Airbnb accident lawyer. We are here to help you hold the at-fault party financially liable for the pain, suffering, and damages they caused.
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