Queens Airbnb Rental Injury Lawyer
Renting a room an entire home using Airbnb has become a popular option for vacationers that not only want to save money but have a wealth of options. People all across the State of New York and the world list their homes using this service and simply have to offer the bare necessities to patrons, like fresh sheets and towels. However, some Airbnb hosts fail to offer the bare minimum when it comes to a property free from hazardous conditions. If you or a family member was injured while renting an Airbnb, contact an experienced Queens AirBnB rental injury lawyer.
At Sullivan & Galleshaw, LLP our personal injury lawyers are prepared to help you pursue compensation for injuries sustained at an Airbnb rental home. You should not have to bear the burden of expensive medical bills and other related expenses because a property owner failed to maintain their property properly. To schedule a free consultation to discuss your legal options, contact Sullivan & Galleshaw, LLP at (718) 400-7011, or contact us online.
Understanding the Airbnb Business and Insurance Model
When you stay in or visit a rental property, you have the fair and reasonable expectation that you will be kept reasonably safe. Hotels, motels, and other vacation rental companies have a legal responsibility to ensure that their property is kept free from unreasonably dangerous safety hazards. The same rules and regulations apply to Airbnb, which is one of the largest vacation rental companies in the United States. What makes Airbnb unique is that the company does not technically own the overwhelming majority of the properties listed on its platform. Instead, Airbnb is an online vacation rental marketplace. Individual property owners can list their vacation rental on the platform. Airbnb receives a commission fee for each rental.
When an accident occurs at an Airbnb, there is often confusion regarding who exactly can and should be held legally responsible. All properties listed for rental on the Airbnb platform are required to have $1 million social host liability insurance coverage. The coverage falls under a broader program that Airbnb refers to as ‘AirCover’. A bodily injury to a guest (and other invitees) falls under the $1 million commercial AirCover policy. If you have any specific questions about Airbnb accidents and insurance coverage, contact our Queens, NY premises liability attorneys for immediate help.
Most Common Injuries at Airbnb Properties
You may be wondering: How safe are Airbnb properties? The answer depends on several different factors—including the specific property that you are staying at. As noted previously, Airbnb rental properties are simply not standardized. Each property is managed by an individual property owner or an independent rental property company. There are some Airbnb hosts who live up to their duties and do an excellent job keeping their premises safe. Unfortunately, there are also far too many Airbnb hosts who fail to take proper care. Some of the most common injuries reported at Airbnbs include:
- Deep cuts or lacerations;
- Soft tissues damage;
- Muscle injuries;
- Ligament injuries;
- Sprained ankle;
- Broken bones;
- Internal injuries; and
- Spinal cord damage.
Determining Liability for an Airbnb Accident
If you rented an Airbnb so that you could take a leisurely vacation, the last issue you want to deal with is an injury due to the property owner’s negligence. Unfortunately, some Airbnb hosts may purposely neglect to photograph areas of their rental property that a renter may not find admirable.
Airbnb hosts, like other property owners, have a duty to inform renters of any dangerous conditions on the property that could cause a renter a serious injury. Airbnb hosts typically must provide a description of the property along with photographs and other information a renter should know about the property. The ideal time to notify a renter of a property defect would be in the description of the property or when a person requests to rent the property.
If an Airbnb host neglects to mention an issue with their property that could cause a renter a serious injury, this may help a renter prove that the host was liable for the accident. For example, if the property is equipped with a pool and the pool has tile missing that could cause a severe laceration, the renter should be made aware of the property defect.
It is also important to note that there could be multiple parties liable when a renter is injured at the host’s AirBnB listed property. For example, the host may be renting the property from the landlord in order to list it as a rentable property. If the landlord is unaware that their tenant is renting the property, this could result in other issues that could make recovering compensation difficult.
To learn more about filing a lawsuit for an injury that occurred at an Airbnb, continue reading and speak with an experienced NYC personal injury lawyer.
Filing a Lawsuit for an Injury at an Airbnb
Airbnb does provide renters with some protection under its host protection insurance plan. This plan automatically covers all Airbnb hosts with a $1,000,000 insurance policy to cover injuries that may occur on a host’s rental property.
Before utilizing the host protection plan, Airbnb typically encourages renters to work the issue out with the host. This may seem like a sound idea if your injuries were mild and would easily heal, like a sprained ankle, but is not wise if you are severely injured. For example, if you have a slip and fall accident and suffer a traumatic brain injury because the host failed to clean ice from their property, your medical expenses will likely extend beyond what the host can handle.
If you are concerned the million dollar insurance policy is not enough to cover your injuries, you should speak with an experienced attorney. Sullivan & Galleshaw, LLP can help you plan a legal strategy to fight for the compensation you need for your injuries.
You should avoid making any binding deals with representatives for Airbnb or the host without consulting with your attorney first. An Airbnb representative may attempt to minimize your claim or suggest that you were at fault for the incident.
Additionally, if multiple parties own the property that you rented, our firm can help you determine which parties can be held liable for your injuries.
You May Be Entitled to Financial Compensation for an Airbnb Accident
Airbnb accident claims generally fall under New York premises liability law. Through a premises liability claim in New York, an injured victim can seek financial compensation for the full extent of their losses—potentially including for non-economic damages. At Sullivan & Galleshaw, LLP, our Queens Airbnb injury lawyers fight aggressively to help victims and families maximize their financial support. You may be entitled to recover for the following types of damages:
- Emergency room treatment;
- Hospital and medical bills;
- Physical therapy;
- Loss of current and future income;
- Pain and suffering;
- Scarring or disfigurement; and
- Wrongful death of a family member.
How Our Queens, NY Airbnb Injury Attorneys Can Help
Premises liability claims are complicated—especially when an accident occurs at an Airbnb or other similar type of rental property. At Sullivan & Galleshaw, LLP, we are strong, experienced advocates for justice. When you get in touch with our Queens law office, you will have an opportunity to work with a New York City Airbnb injury attorney who will:
- Answer your questions and review your case during a free consultation;
- Explain your rights and options under Airbnb’s insurance policies;
- Gather the evidence and information you need to bring a claim;
- Represent you in negotiations with the property owner, Airbnb, or the insurer; and
- Take your personal injury case as far as needed to maximize your financial recovery.
Frequently Asked Questions About Airbnb Accident Claims in New York
What Should I Do If I Am Injured at an Airbnb in Queens?
If you are hurt at an Airbnb rental property in Queens, it is imperative that you take immediate action to protect yourself and your family. Your health, safety, and legal rights matter. Here are four steps to take after an accident at an Airbnb vacation rental property:
- Seek immediate medical attention for any injuries. Your health always comes first.
- Document the accident. Gather all evidence that can help support a claim of liability.
- Notify your specific host and the company that an injury has occurred.
- Consult with an experienced Queens Airbnb injury lawyer.
What is the Statute of Limitations for an Airbnb Injury in New York?
Most Airbnb accident claims are premises liability cases. In New York, premises liability injury claims are generally subject to a three-year statute of limitations. That being said, you should not wait that long before getting started with the claims process. Call a Queens, NY vacation rental injury lawyer as soon as possible after an accident.
Can I Settle an Airbnb Accident Claim?
Yes. In fact, most personal injury claims are resolved through a settlement instead of a trial. That being said, the commercial insurance companies that handle Airbnb accident claims will not offer you a full and fair financial settlement until you can present a comprehensive, well-documented case that proves that they will be held responsible in court.
Work with Our NYC Premises Liability Attorneys Today
If you or a family member was injured while staying at an Airbnb, you should consult with an experienced NYC premises liability attorney. The injury attorneys at Sullivan & Galleshaw, LLP possess decades of combined legal experience, and we would be proud to help you with your injury claim. To schedule a free legal consultation, contact Sullivan & Galleshaw, LLP at (718) 400-7011. We represent injured victims in Queens and throughout all of New York City.