Can I File a Lawsuit if I Am Injured Using Airbnb?

Posted on October 25, 2017 at 12:00pm by
Consumer Protection In Book

Airbnb has exploded in popularity over the last few years. This service allows users to find rooms for lodging in a way that is similar to booking a hotel room. Airbnb has been compared to Uber or Lyft, except instead finding rides, the service finds hosts who are offering lodging. Hosts who are using the service can offer guests a room in their own homes or other properties.

As Airbnb has grown in popularity, so have the number of lawsuits filed against the company. One woman filed a lawsuit after she was allegedly sexually assaulted by her host. At another Airbnb rental in Texas, a tree fell on and killed a guest. These are both cases where guests might be able to file a premises liability lawsuit if the injuries or deaths occurred on hotel properties. If the hotel was aware of but did not fix a hazard that harmed a guest, they may be liable. This is not always the case with Airbnb, where multiple or no parties may be liable for injuries.

There are factors that can make it difficult to establish liability for Airbnb injuries. For example, a host’s homeowner’s insurance policy may not cover guests who are injured if the homeowner is using the property to make a profit. Airbnb’s contract also states that it is not liable for injuries that occur while using its services. In the contract, it states guests assume all liability. Hosts may also be renting their properties from other landlords. In such cases, it could further complicate the matter because the landlord may not have known the tenant was using Airbnb. Liability for an Airbnb injury is not always black and white.

Airbnb does provide $1 million liability insurance, much like Uber does for its passengers. However, if a guest suffers a catastrophic injury, they are going to suffer more than $1 million in damages. Therefore, this insurance payout would not be enough to cover the costs associated with the injury.

Should I Contact an Attorney After an Airbnb Injury?

Even though it can be tricky to establish liability in Airbnb injury cases, that should not deter you from speaking to a personal injury attorney. Airbnb is still a very new industry. If the circumstances are correct, an injured guest could file a lawsuit against the host, Airbnb or a landlord renting property to the host. An Atlantic City premises liability attorney at Donald G. Targan & Associates could investigate the merits of your claim to determine your eligibility for filing a lawsuit.

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