Manhattan Attorney for Injuries at Airbnb Rentals
Thousands of tourists flock to New York City every day. The city has so many visitors that it can sometimes be difficult to book hotel rooms. Companies like Airbnb have sprung up to house tourists. Airbnb accommodations are unique because they are often private living spaces that people rent to visitors for a fee.
While renting an Airbnb can be a pleasant experience, it can also be a nightmare. If you were injured while staying in your Airbnb, the owner or occupant of the property can be held liable in many situations. In such cases, the Airbnb host may turn to insurance coverage from Airbnb to help cover damages.
An accident victim in an Airbnb should not have to suffer because of their host’s negligence. Our Manhattan attorneys for injuries at Airbnb rentals can help you recover compensation for your injuries as an Airbnb guest. Call The Carrion Law Firm at (718) 841-0083 for a free review of your case to get started.
Can I Sue If I Was Injured at an Airbnb in New York?
If you were injured while staying in an Airbnb, you might be confused about your legal options. Your case likely falls under the category of premises liability law. This area of law applies to the owners or residents of the property and their legal duty of care to guests and visitors. Injured guests can often sue negligent property owners. If you were hurt at an Airbnb, our Manhattan attorneys for injuries at Airbnb rentals can help you file a case against the host or property owner.
Under premises liability laws, the owner or host of a property has a legal obligation to make it safe for others. Entrants to the property are often classified as invitees, licensees, or trespassers. An invitee is an invited guest. A licensee is someone who has implicit permission to enter the property for a limited purpose, like a mail carrier. A trespasser is someone who does not have permission to enter the property.
An Airbnb guest is considered an invitee and is owed a high duty of care by the host. The host must make sure that the property is safe to inhabit, and they should make efforts to uncover and rectify hazards. Failure to make a property safe may leave an Airbnb host liable for their guests’ injuries. As an injured guest at an Airbnb, you can sue the host to recover compensation for your injuries and damages.
Compensation for Injuries at a New York Airbnb
When you file your lawsuit against your Airbnb host, your host might file an insurance claim with Airbnb to help cover the damages. Airbnb offers host liability insurance to cover injuries on the premises. The insurance policy covers up to $1,000,000 in damages and may be used to pay for bodily injuries, property damage, and theft.
The host liability insurance provided by Airbnb must be claimed by your host and used to pay your damages. This is why we must notify your host – who is also the potential defendant in your case – immediately. Our Manhattan attorneys for injuries at Airbnb rentals can help you navigate the legal processes required to get compensation.
This insurance policy has its limits and might not extend to every accident involving an Airbnb. For example, injuries from intentional acts are not covered by this policy. So, if you brought another guest back to your rented Airbnb and then that guest assaulted you, the insurance policy would not cover your injuries. Instead, you would have to sue the person who assaulted you. Similarly, if a guest intentionally caused harm to themselves, their injuries would not be covered.
What if My Damages Exceed Airbnb’s Insurance in New York?
Particularly severe injuries can easily exceed the $1,000,000 insurance policy provided by Airbnb. For example, if the roof of your Airbnb was not structurally sound and a bad storm caused the roof to cave in on top of you, your injuries might be dire and very expensive. When considering the cost of medical care, the value of lost property, pain and suffering, and more, it becomes clear your damages may quickly exceed the insurance policy limit.
In such a case, the host of your Airbnb can be made to pay the remaining damages out of their own pocket or from other insurance sources. First, we must file a lawsuit against the host and prove that they were negligent. Our Manhattan attorneys for injuries at Airbnb rentals can help you gather the necessary evidence to prove that your host’s negligence caused your injuries.
Proving an Airbnb Owner is Liable for My Injuries in New York City
Proving that an Airbnb host is liable for your injuries requires proving that they were negligent. Negligence is a legal standard of liability that comes with four important elements. First, we must prove your host owed you a duty of care. Second, we must show that they breached or violated that duty. Third, we must demonstrate that the host’s breach of duty caused the accident. Finally, we have to show what damages this breach caused you.
A premises liability case hinges on the evidence supporting your claims. Our Manhattan attorneys for injuries at Airbnb rentals know how to gather the right evidence and make effective arguments in your favor.
The evidence needed in your case will vary based on how you were injured. In any case, you should try to document the accident scene as best as you can. For example, taking pictures and recording videos of the accident scene right after it happened can immensely help your case. If any other guests witnessed the accident, we can ask them to provide testimony in your favor. Your medical records will also be of the utmost importance in proving the extent of your injuries.
Call Our New York Attorneys for Injuries at Airbnb Rentals for Help
If you were in an accident while staying at an Airbnb, your host can be held liable for your injuries and related expenses. Our Manhattan attorneys for injuries at Airbnb rentals can help you get your damages paid. Call The Carrion Law Firm at (718) 841-0083 for a free review of your case.