What to Do If You’re Injured While Staying in an Airbnb or VRBO Property: A Guide from a Florida Personal Injury Lawyer
Traveling offers the excitement of new experiences, but it also comes with its risks—especially when staying in short-term rental properties like Airbnb and VRBO. If you sustain an injury during your stay, knowing what to do next is crucial for protecting your rights and potentially seeking compensation. This blog will guide you through the steps to take if you’re injured in such a property, the types of accidents that can occur, the relevant laws, and how to gather evidence.
Common Types of Accidents in Short-Term Rentals
Accidents can happen in various ways during your stay in an Airbnb or VRBO property. Here are some common scenarios:
1. Slip and Falls
Imagine you’re enjoying your vacation when you slip on a wet floor due to inadequate warning signs or a lack of proper maintenance. Slip and fall accidents are prevalent in rental properties.
2. Pool Accidents
Many rentals come with pools. Negligence regarding safety features (like missing fencing) or inadequate supervision can lead to serious injuries or drownings.
3. Staircase Injuries
Poorly lit staircases or broken handrails can result in falls that may cause significant injuries.
4. Fire Hazards
Faulty wiring or failure to provide smoke detectors can lead to fire-related injuries. If you suffer burns or smoke inhalation due to negligence, you may have a case.
5. Dog Bites
If the property owner has a dog on the premises, and it bites you, this could lead to serious injuries. Florida has specific laws regarding dog bites, which can impact liability.
Understanding the Relevant Laws
When it comes to personal injury claims in Florida, several laws and legal principles come into play:
Premises Liability
In Florida, property owners have a duty of care to maintain a safe environment for guests. This includes addressing hazards and providing adequate warnings. If you can demonstrate that the owner was negligent in their duty, you may have grounds for a claim under premises liability.
Florida’s Comparative Negligence Rule
Florida follows a comparative negligence rule, meaning that if you share some blame for the accident, your compensation could be reduced by your percentage of fault. For instance, if you slipped while running inside the house, you might be found partially at fault.
Liability of the Short-Term Rental Platforms
Airbnb and VRBO are not always off the hook. These platforms can be held liable if they have actual knowledge of dangerous conditions but failed to act. For example, if previous complaints about a safety hazard went unaddressed, the platform could share some liability.
Potential Defendants in an Injury Claim
Several parties may be liable if you’re injured while staying at a short-term rental:
1. Property Owner
The primary defendant is typically the homeowner or property manager. If they were negligent in maintaining the property, they could be held liable.
2. Short-Term Rental Platforms
As mentioned, platforms like Airbnb and VRBO can also be liable, especially if they failed to address known safety issues.
3. Third Parties
In some cases, third parties might also be responsible, such as cleaning companies that failed to maintain the property properly or maintenance workers who did not fix known hazards.
Evidence Gathering: What to Do While You’re Still on the Property
If you’re injured, gathering evidence while still on the property can strengthen your case. Here are steps to consider:
1. Document the Scene
Use your smartphone to take photographs of the area where the accident occurred. Capture any hazards, such as wet floors, broken stair rails, or other safety issues. Be sure to take wide shots to show the environment and close-ups to illustrate specific dangers. Search for on-site camera. Take pictures of them. If possible, retrieve the footage.
2. Collect Witness Information
If anyone witnessed the incident, ask for their contact information. Witness statements can be invaluable in corroborating your account of what happened. Speak to neighbors regarding their knowledge as to prior incidents or the owners maintenance of the property.
3. Report the Incident
Notify the property owner or manager about the accident. If there is a guest book or an online platform for reviews, document the incident there. This helps create a record of the injury.
4. Keep Records
Maintain copies of any medical reports, bills, and communications related to your injury. This documentation will be essential for any potential claims.
5. Don’t Alter the Scene
While it may be tempting to clean up or move objects that contributed to your fall, avoid doing so. Leaving the scene as is can help demonstrate the circumstances of your injury.
6. Note Conditions
Write down details about the property’s conditions, including the time of day, weather conditions, and any unusual occurrences that could have contributed to the accident.
Steps to Take After the Incident
Once you’ve gathered evidence, follow these steps:
1. Seek Medical Attention
Your health should be your priority. Get a thorough medical examination even if your injuries seem minor.
2. Consult a Personal Injury Lawyer
Consider consulting with a Florida personal injury lawyer who has experience with Airbnb and VRBO cases. They can help you understand your rights and guide you through the claims process.
3. File a Claim
Depending on the circumstances and the parties involved, your lawyer will assist you in filing a claim against the liable parties.
4. Communicate Carefully
Be cautious about discussing your case with the property owner or insurance companies. Anything you say can be used against you later.
Conclusion
Injuries sustained while staying in an Airbnb or VRBO property can be complicated, involving multiple parties and legal nuances. By understanding the potential accidents, applicable laws, and the steps to take after an injury, you’ll be better equipped to navigate this challenging situation. Always prioritize your health and seek legal advice to ensure your rights are protected. Whether it’s negotiating with insurance companies or filing a lawsuit, a knowledgeable attorney can be your best ally in seeking justice and compensation for your injuries.
If you are injured in an accident, call Jaime “Mr. 786Abogado” Suarez today to Get You Paid!