Airbnb Injury Lawyers in Phoenix
Airbnbs have become very popular among snowbirds looking to escape the winter months in their home states. Vacation rentals are a great way to enjoy the comforts of home, such as a kitchen or a private backyard, while basking in the Arizona sunshine. However, injuries still happen within these types of properties. So, who’s responsible when they do?
When someone gets hurt in a private vacation rental, the property owner could be liable for paying the bills. Under Arizona’s premises liability laws, property owners need to ensure their property is safe for invited guests. For example, if a guest tripped and fell because of a rotten step or unmarked hole in the floor, the property owner would probably be liable for not fixing a foreseeable hazard.
If the guests themselves are arguably negligent, it may reduce the amount of compensation they receive. For example, a vacation property may have a pool in the backyard. If one of the guests dove into the pool in the shallow end, hitting his head and sustaining a spinal injury, the property owner may only be partly liable for this injury, as the guest should have known the water was not deep enough for diving. If a child is injured, the adults may be negligent for not providing proper supervision.
Airbnbs are properties rented out through the Airbnb app by homeowners or renters for a specific duration of time. These properties, and property owners, are protected by Airbnb’s liability coverage – but only those who signed up on Airbnb’s site to rent out their home. Airbnb provides up to $1 million in liability coverage, which will apply when a guest has been injured in an Airbnb property.
However, there are several exclusions in the Airbnb Host Policy, including:
- Intentional acts such as assault and/or battery
- Loss of earnings
- Acts of war or terrorism
- Slander and defamation
- Asbestos, bedbugs, and risks of disease or infection
- Product liability
- Weather-related damages
- Damage caused by guests, invitees, or others
Due to these exclusions, the Airbnb host himself may sometimes be responsible for renter’s injuries. For example, if the property owner did not ensure he had working locks on the outside doors of a rental and a criminal broke in and assaulted the guest, the host may be civilly liable to the victim.
According to premises liability law in Arizona, you are entitled to collect damages if you are injured on another person’s property as a result of hazardous circumstances. To do so, the person who was injured must prove that the property owner or Airbnb was aware of the unsafe conditions, or the unsafe conditions had existed long enough that they should have discovered it.
Examples of the types of injuries in an Airbnb liability case include:
- Tripping on an uneven carpet
- Falling due to a loose handrail
- Slipping in a shower that doesn’t have adhesive anti-slip protection
- Injuries that occur due to a collapsed ceiling
- Burns from a kitchen fire, particularly if there were insufficient fire detectors or no fire extinguisher.
If you have been injured at an Airbnb due to the negligence of the property owner, the first thing you want to do is document your injuries and the unsafe conditions that caused them. It’s essential to record the unsafe conditions and all injuries you have sustained using your cell phone camera. You will also want to interview any witnesses and keep a written record of everything that occurred in relation to the accident. Keeping copies of your medical records will also strengthen your claim.
Homeowner’s insurance is designed to cover injuries for people who live in a residence, their guests, and people who may be present on the property, such as a meter reader or repairperson. Home insurance generally does not cover an Airbnb accident because this is a commercial use of property. That’s why, in addition to the limited coverage offered to property owners by the Airbnb corporation, it is highly advisable for Airbnb hosts to secure another private insurance policy to cover the considerable gaps in the coverage.
If the homeowner does not have sufficient insurance to cover Airbnb injuries, your lawyer will have to pursue every possible avenue to get you the compensation you deserve. That means fighting tooth and nail with property owners, insurance companies, and their lawyers. This is a very complicated process, but our tenacious attorneys are up to the task.
When someone is injured at a vacation property, whether it’s an Airbnb or a private rental, insurance issues will always be a part of the case. Insurance companies are in the business of making money. When they have to pay out large settlements for injuries, that cuts into their profits. To prevent this from happening, insurance companies will often offer small and unfair settlements, or deny the claim altogether.
If you or a loved one has been injured at an Airbnb or other vacation rental, it’s crucial to speak to a Phoenix personal injury lawyer as soon as possible. An attorney will know if a settlement offer is fair, and they will and advise you on whether or not you should agree to it.
Call The Husband & Wife Law Team today at (602) 457-6222. We will review your case, determine who was responsible for your injury, and hold them liable for paying compensation. Being hurt while on vacation is no fun, but we can help. Call right away so we can start fighting to get you the settlement you deserve.
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During a free consultation, we will look at the important aspects of your case, answer your questions, and explain your legal rights and options clearly. All submissions are confidentially reviewed by Mark Breyer.
Confidentially reviewed by Attorney Mark Breyer