Renting a home for a few weeks in the Poconos could prove to be one of the best trips you ever take. That is, until you or someone in your group suffers an injury. Accidents happen, but sometimes they are preventable. If an accident causes you serious injuries, hire a Poconos premises liability attorney to help you navigate your rights.
Renting directly from the owner, instead of through a service like Airbnb or VRBO, does not mean the owner is off the hook for liability protection. Reach out to a Pennsylvania premises liability lawyer from Kwartler Manus for a free consultation to discuss your case.
Make Sure You Know Who You Are Renting From
You may not have used Airbnb or another short-term rental platform to book, but that does not always eliminate every other party. For example, many private owners use property management companies to manage their locations. The property management company handles cleaning and repairs and may also be responsible for booking trips. In these cases, you may be able to seek a claim against that party.
In most other situations, you need to file an injury claim against the property owner. That means establishing that they were negligent. Negligence requires showing that:
- The property owner owed you a duty of care
- They breached that duty of care in some way
- You suffered an accident as a direct result of that breach
- Your accident caused you significant loss, such as physical harm and financial damages
If those apply, speak to a premises liability attorney in the Poconos to review your case and claim. Let us go to work building your case and proving your losses.
Property Owners Are Responsible for Many Injuries
Many injuries you suffer on a rental property in the Poconos could be the fault of the property owner. That is, you have the expectation of being reasonably safe at that location, and that means they should take all steps possible to reduce the risks of harm to you. Some of the most common examples of cases where you may have a claim include:
- Slip and fall accidents due to broken steps, missing railings, or wet surfaces
- Burns from chemical or thermal exposure, such as from faulty equipment
- Missing or non-working security that creates a hazard, such as no protection around a pool, allowing a child to fall in
- Lack of security resulting in threats, such as someone breaking in due to inferior or broken locks on the property
- Electrocution due to faulty wiring
- Chemical exposure due to products used on the property
- Pest infestation that results in injuries and losses to you
In each of these cases, the property owner may be responsible for what occurred if it was something they could or should have predicted would occur. In those cases, hire our premises liability attorney in the Poconos for support.
They May Try to Blame You
It is very common for property owners to find ways to avoid admitting fault in these types of claims, often putting you at risk of receiving fair compensation. In this case, comparative negligence rules may apply. In Pennsylvania, you can still file a claim for your losses if you are partially at fault. However, you must be no more than 50% at fault. If the insurance company or owners say you were mostly at fault, they could bar you from filing and collecting on a claim.
If you are partially at fault, that often means the insurance company will apply a specific percentage of fault to you. Your compensation is lowered by the percentage of fault attributed to you. If you are found to be 20% at fault, you receive only 80% of your losses.
Why You Need a Premises Liability Attorney in These Cases
Hiring a premises liability attorney can prove vital in these accidents. Your attorney will help you navigate the entire process, minimizing denials for valid claims. That may include:
- Investigate your case. We will seek evidence of your accident to demonstrate who is at fault. This could be the property owner, a third party, or both.
- Demonstrate you are not at fault, when possible. We build your case to include evidence that shows you did not cause the accident to happen. That protects your right to compensation.
- Clarify all of the losses you have. Most victims are owed compensation for medical bills, lost wages from time lost at work, and pain and suffering. Complex cases may require additional compensation recovery.
- Handle the insurance company. We file the claim, answer their questions, and push back to get them to settle the claim fairly for you.
- Go to court when it is necessary to do so. It is rarely necessary to go to court for a claim like this. But in serious accidents with losses denied by the insurer, we are right here and ready to help you.
Set up some time to discuss your case with our legal team. Let us review your legal options and uncover your rights to compensation. Schedule a free consultation with the premises liability attorney in the Poconos at Kwartler Manus today.
Sources
- Section 7102.0 - Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM
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