Liability for Airbnb Accidents
Renting an Airbnb has become an increasingly popular choice for many travelers. Whether they’re going on a vacation, attending a family reunion, or traveling on a business trip, staying at an Airbnb can save guests a significant amount of money that they might otherwise be forced to spend at an expensive hotel or resort. Unfortunately, Airbnbs, like any other building, require upkeep and maintenance and when owners do not take the necessary steps to keep a residence safe, visitors could find themselves suffering from serious injuries. If you were injured while at an Airbnb, you may be able to collect compensation for your losses. Please contact an experienced premises liability attorney who can evaluate your claim and help you decide on your next steps.
When guests agree to stay at an Airbnb, they must sign a Terms of Service agreement, which states that in the event of an accident, the parties must resolve their issues through arbitration or negotiation. In fact, guests must also agree to waive their rights to a jury trial for issues that can be submitted to and resolved in arbitration and agree that if a lawsuit is filed, then the trial must take place in a certain court. This is a relatively common practice amongst businesses and corporations that offer services, as it is understood that if a person does not wish to agree to those terms, then he or she is not forced to use the service.
Host Protection Insurance
Fortunately, guests who are injured in an Airbnb may be able to make financial recovery for their losses through Airbnb’s Host Protection Insurance. These policies provide one million dollars worth of coverage for the bodily injury and property damage claims of third parties. Whether the policy covers an injury depends on the type of accident involved and where it occurred. For example, the insurance program does not cover intentional acts committed by the host or any other insured party, such as assault and battery or sexual abuse or molestation. It also does not apply to liability for:
- Lost earnings;
- Personal and advertising injury;
- Chinese drywall;
- Communicable diseases;
- Acts of terrorism;
- Exposure to asbestos, silica, or lead;
- Pollution; and
- Product liability.
However, the policy does cover other types of accidents, such as when:
- A guest slips on a rug and breaks his or her wrist;
- A guest is injured while using a treadmill on the property; or
- A guest accidentally drops his or her suitcase on someone else’s foot in the lobby.
In these situations, the injured party may be able to make a claim against the host.
Call us Today to Discuss Your Case with a Premises Liability Attorney
Although Airbnb guests do face restrictions in how and where they can file a claim for a personal injury occurring on a host’s property, they do have options that can allow them to recover compensation for some or all of their losses. To learn more about filing a claim for an injury suffered on an Airbnb property, please contact one of the dedicated Fort Lauderdale premises liability lawyers at Boone & Davis by calling 954-566-9919 today.