Using an Airbnb should never put you at risk, especially when you are enjoying time with your family or relaxing. Accidents frequently occur at these locations, often for preventable reasons. Guests are obligated to abide by the rules and safety guidelines. But when you do everything right and still suffer serious injuries, it may be time to call a premises liability attorney in Philadelphia.
At Kwartler Manus, our premises liability attorneys can help you during a free consultation. You can request a consultation at no cost, and once you do, we can answer any questions you have. These are some of the most important questions you need answers to before settling your claim.
Who Is Responsible for My Injury at an Airbnb?
Airbnb hosts and property owners maintain responsibility for their property. They owe you a duty of care to provide a reasonably safe environment. It is never possible to remove every risk from a location. However, because they are providing you with a place to stay, they must follow numerous rules to ensure your safety. Most of the time, you can see a claim against:
- The host
- The property owner, if different from the host
- Third parties that caused the accident
- Airbnb
Provide information about your accident and injuries to the attorney. Describe what occurred and outline the specific details of your concerns. Your attorney will pinpoint all parties at fault. That could expand the coverage available to you.
Do I Need an Attorney to File a Claim Against Airbnb?
Airbnb rarely maintains responsibility for guest injuries. If you believe they should be held accountable, meet with a premises attorney to discuss your injuries and losses. We must demonstrate that Airbnb knew of the risk and failed to safeguard you against it.
One example of this occurs when numerous reports of hazards at the location have been made prior to your booking. If the platform received numerous complaints and failed to act by continuing to allow others to book, that could demonstrate fault.
How Long Do I Have to File a Claim Against Airbnb for My Injuries?
In most situations, premises liability laws apply to these accidents. You must follow the Pennsylvania statute of limitations to seek a claim. Under Section 5524 of the Pennsylvania Judicial Code, you have two years from the date that the accident occurred or you suffered the injury to seek a lawsuit. It is beneficial to act sooner than that. Evidence can prove critical and may disappear before this statute of limitations expires.
Can Airbnb Be Responsible if My Child Was Hurt at the Airbnb?
Airbnb hosts and property owners may be at fault in some situations if you can show they did not take the necessary steps to prevent these actions. For example, if the location failed to provide safe locks and a child fled the home, or there was no security around a pool and a child nearly drowned, you may be able to file a claim.
The host is not responsible for injuries not caused by the host's negligence. That means you must demonstrate they knew or should have known about the risks and did not act to protect or warn you. Speak to your attorney about the specific situation to determine if a premises liability claim applies in your case.
Can I Sue Airbnb for Emotional Distress?
A bad experience at an Airbnb is not necessarily a valid claim. However, if you are involved in a traumatic event, especially in situations where the event was something the host or the platform could have avoided, then you may have a claim. You will need to demonstrate your injury, such as through reports of psychological harm from your therapist or doctor, and prescription history.
How Much Is an Airbnb Injury Claim Worth?
The value of your injury claim depends on the type of injury and its severity. You can seek a claim that includes all of your losses, expressed in monetary figures. In a serious accident, that could mean you can seek damages such as:
- Medical costs associated with your injury
- Ongoing medical care needs
- Loss of income if you cannot go to work due to your injuries
- Pain and suffering
- Emotional trauma and distress
You will need to document these losses thoroughly. It is very common for victims not to know their rights, and many fail to include all of their losses in a claim. That is why working with a premises liability attorney matters.
How Much Does It Cost to Hire a Premises Liability Attorney?
You can contact Kwartler Manus for a free consultation to discuss your case at any time. You do not pay for any of our legal services unless you win your case. That means you can avoid any out-of-pocket costs associated with your case.
If you were injured at an Airbnb, contact a premises liability attorney to discuss the details of your case. You deserve answers before you settle your claim for too little and miss critical losses in your case.
Sources
- Section 5524 of the Pennsylvania Judicial Code
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTM
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