Miami Airbnb Accident Injury Lawyer
The advent of internet platforms like Airbnb, Vrbo, and HomeAway has dramatically expanded the availability of short-term lodging to traditionally residential neighborhoods and raised issues not contemplated under existing regulations. Hosting platforms serve as intermediaries allowing hosts to enter the short-term rental market with significantly lower entry costs than required for a hotel or bed and breakfast operator in a similar location. A portion of a privately owned or leased residence, with the primary resident staying on site during the short-term rental. Home sharing can refer to this type of short-term rental, although the term is also used more broadly to generally describe renting a residence on a short-term basis through a hosting platform.When you rent an Airbnb for the weekend or for a vacation, your health and safety is often in the hands of property owners who do not have the training and experience that landlords and hotel managers have in keeping their property safe and clean for guests.
If you suffered an injury at an Airbnb because of a dangerous condition on the property or because the accommodations were dirty or unhygienic, you may be able to file a lawsuit against the owner of the Airbnb property. For help with your case, contact the Miami Airbnb rental injury attorneys at Suarez & Montero!
Common Types of Airbnb Accidents
Owners of airbnb’s including private homes, apartments, condominiums and rental properties may be held accountable for injuries sustained by guests. Injuries may be caused by a variety of factors, including slip and fall accidents, trip and fall accidents, and other injuries and illnesses that may occur due to bedbugs, asbestos, or dangerous bacteria. Overall, there are many different ways in which you could be injured while staying at an airbnb. While there are numerous ways in which people could be injured, or even made sick during their stay in an airbnb, here are some of the most common types of airbnb accidents:
● Slips or falls caused by broken or damaged flooring
● Burns and scalds due to damaged shower facilities or problems with heating systems.
● Injuries caused by broken or damaged fixtures in the property.
● Defective pools
● Broken stairs
● Faulty appliances
● Cracks and potholes
● Carbon monoxide emissions
What Should You Do After an Airbnb Incident?
People are injured daily due to accidents on someone else’s property including Airbnb rentals. While guests generally enjoy their airbnb rentals, accidents can happen at any time. If you or someone you love was recently injured in an airbnb rental, you may be wondering what you can do about it. If the accident wasn’t your fault, do you know how to hold the responsible person or property owner accountable for your damages? Who is going to pay for your medical expenses and loss of income?
Our Florida Airbnb injury attorneys can help you answer these questions and help you recover from your injury. After suffering an accident at an Airbnb, it is vital that you take the following steps:
● Seek medical attention for your injury
● Take photos of all visible injuries (before and after medical treatment)
● Take photos of the scene of the accident including the hazard that caused your accident
● Report the accident and the harm that you suffered directly to Airbnb
● Obtain witness contact information
● Avoid sharing too much information with the Airbnb host or landlord (do not reveal specific details or anything that could be used against you)
● Seek legal guidance from an experienced Airbnb injury lawyer in South Florida
Who is Liable? Airbnb or Property Owner?
An Airbnb is maintained by a property owner and rented out via the Airbnb website. The property owners must ensure that there are no dangerous hazards present on the property. As a result of these hazards, you could be hurt in many ways. It is crucial that you do a proper walkthrough of the home and take note of any potential hazards. If you notice issues, contact the Airbnb host immediately for instructions on what to do. Common Airbnb accidents can be divided into two overall categories: accidents involving property damage and accidents involving bodily injury.
A bodily injury is any physical injury to a person, mild or severe, that occurs in an Airbnb listing. Typically, bodily injury claims are filed by guests against hosts or landlords. Injuries that occur in Airbnb residences can include cuts, bruises, broken bones, sprains, concussions, injuries to the face, illness, disease, and more. Although rare, injuries caused in Airbnb rentals can lead to death or serious, lifelong complications, such as quadriplegia, but even moderate injuries cause major inconvenience to the victim. Most of these claims are covered under premises liability law, a subset of personal injury law.
What is Airbnb Host Protection Insurance?
The Airbnb Host Protection Insurance program provides primary liability coverage of up to $1 million USD per occurrence, in the event of third-party claims of bodily injury or property damage. The program covers certain property damage in common areas of a property outside of the listing itself. Landlords and homeowner associations are also covered in certain cases when claims are filed against them due to a guest suffering an injury during a stay or if a guest damages building property.
Standard of Care Owed by Airbnb Property Owners
Premises liability law is based on the notion that property owners have a duty to lawful guests on their property to remove hazards that may cause an injury. Under the law, Airbnb guests are considered “invitees,” which means that they have a high degree of legal protection. Of course, not all injuries occurring on a property are the fault of the owner, but if the owner either creates or knowingly allows a hazard to exist without resolving it, they may be liable. Wherever you’re staying in Florida, Airbnb hosts have an obligation to take reasonable steps to make their premises safe and to prevent foreseeable accidents. The host’s liability rests on the same principles as those that are applicable in cases where persons come on the premises at the invitation of the owner or occupant and are injured in consequence of the dangerous condition of the premises. In other words, a registered guest is a business invitee and is entitled to receive the degree of care applicable to invitees. Stated differently, an Airbnb guest is a business invitee to whom the operator of the motel owes a duty to use ordinary or reasonable care to provide reasonably safe premises
Damages for Airbnb Accidents Injuries
If you sustained an injury during your stay in an Airbnb rental, you may be able to recover compensation. Of course, your eligibility to receive compensation will depend on the specific circumstances of your claim. Depending on the details of your injury claim, you may be able to receive the following types of compensation:
● Medical expenses
● Lost wages
● Pain and suffering
● Loss of consortium
● Funeral and burial expenses (if injuries are fatal)
● Punitive damages
For more details about the forms of compensation that you might be able to receive, contact our personal injury attorneys in South Florida. Our attorneys can meet with you to discuss your claim and help you get a clearer picture of your claim.
Speak to Our Miami Airbnb Accident Injury Attorney Today
At Suarez & Montero we concentrate all of our efforts on trying to achieve the maximum compensation available to our clients. We work on a contingency basis which means that we only get paid when we obtain a win for you. We are available 24/7 to give you a free, no risk case consultation. When you hire our law firm, you can be sure you will have an advocate who will passionately fight for you and your rights!
Our firm is able to create a dynamic working relationship with our clients and solve complicated legal issues by combining personal service, attention to detail, and a high sense of professionalism. Let us review your case and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights.
We are available 24/7 to give you a free, no risk case consultation.
Frequently Asked Questions
To establish an airbnb premises liability claim for negligence in Florida, an injured victim must show that: (1) the defendant owed a duty to the victim; (2) the defendant breached the duty; (3) the breach was the actual and proximate cause of the victim’s injuries; and (4) as a result the victim suffered damages. A duty is the obligation to protect another against unreasonable risk of injury. A duty is breached when the defendant fails to meet such obligation. There are 2 types of causation, which is a close causal connection between the action and the injury. Damages to the plaintiff are the loss suffered.
Hotels and Airbnb’s are subject to the same general laws that other businesses must comply with. These laws include the duty to maintain the property in a reasonably safe manner, the duty to correct dangerous conditions, the duty to warn patrons of known dangerous conditions, and the duty to act reasonably toward their guests. Airbnb’s must also comply with local and state building codes and state and federal employment laws.
Most of the cases our firm handles settle without needing to file a lawsuit. If there is a reason your case needs to go to court, we will explain all the options to you, and you will decide which option is best for you and your family. Your injury attorney will recommend which option we think is best, but the final decision is yours.
Injuries are caused by a variety of factors, including slip and fall cases, or the collapse of a roof, staircase, or other part of the building. Other injuries and illnesses may occur due to bedbugs, asbestos, or dangerous bacteria. Intentional violence, including sexual assault, can also happen in Airbnb rentals.