Suffering a fall at an Airbnb could mean serious injuries and medical costs. In many situations, the Airbnb host is responsible for a slip-and-fall accident at their property if it resulted from a preventable hazard. Every host owes those who stay with them a degree of safety. When they breach that duty of care, they could be held accountable for the losses suffered.
Liability for a slip-and-fall accident at an Airbnb can be a complex claim, especially if the insurance company tries to deny negligence. A Philadelphia slip-and-fall accident attorney at Kwartler Manus can help you investigate and build a claim.
Common Causes of Slip-and-Fall Accidents in Short-Term Rentals
Slip-and-fall accidents are some of the most common causes of personal injury claims. They happen when a property owner fails to maintain a reasonably safe environment, causing someone to trip, slip, or fall. Some of the most common accidents in Airbnb properties include:
- Unsafe stairs: Stairs must meet local ordinance requirements. This includes being safe to walk on.
- Wet floors: If a renter spills a glass of water and then slips, the owner may not be at fault. However, if the renter slips on a wet floor caused by a leaking sink, the owner could be responsible.
- Missing handrails: Handrails along stairs and steps help prevent falls. Typically, local property ordinance rules apply to this.
Other conditions may also cause such falls. In nearly all situations, hosts must take steps to minimize the risk of a fall or injury.
Airbnb hosts and property owners receive notifications from the platform about required safety hazards they must address. Their agreements clearly state that the host must disclose any safety hazards related to the listing, including factors like nearby pools, high heights, or other hazardous conditions.
Who Is Liable When a Slip-and-Fall Happens at an Airbnb?
If you fall, your first priority must be to get any needed medical help. Then, you must report the accident and injuries to the host or property owner. Document the situation thoroughly. In most situations, you can expect the owner or host to be directly liable for the accident and any resulting injuries. Potential parties include the following:
The Host
The host is typically responsible for any injuries that occur during the renter's stay. That includes most types of slip-and-fall accidents. If the host knows of a risk and fails to fix it or warn guests, they could be responsible for the injuries a guest suffers. Some examples include broken steps, poor lighting, and wet floors.
The Property Owner
In some situations, the owner may be a different identity from the host. In these situations, the property owner could also be held accountable. For example, if the property owner knew of a high ledge or an unsafe cliff on the property and failed to warn of it, they could be liable if a child fell over it.
Owners and hosts maintain the same level of liability. They knowingly list the property for rent, effectively opening the door to visitors. Unsafe conditions that put people at risk are avoidable with their knowledge and care of the property.
Airbnb Directly
Airbnb holds significantly less responsibility directly. However, you may seek a claim against the platform itself if you can show negligence. This means showing that Airbnb ignored major safety reports or numerous hazard claims and still allowed the renter to book the property.
Proving this is far more challenging than making a claim through the host or property owner. Simply, the site is a booking tool, not the party renting the property to you. That does not mean they can ignore known risks, thereby putting others in danger.
A Third Party
It may be possible to prove that a third party was also responsible for the accident. This is less common, but it could happen when someone else caused the hazardous condition. Here are some examples of this being the situation:
- A person making a repair created an unsafe risk before you arrived.
- An appliance caught fire because of a faulty design or manufacturing error.
- The cleaning crew created an unsafe situation, exposing you to risks.
Demonstrate that the third party directly caused the accident through their negligence. You may learn this after speaking to the owner about the accident and your injuries. For example, they may make a statement such as, "We just had the electrician out to fix that!"
What To Do When You Have Injuries
Renters who suffer a slip on a wet floor or fall down steps because of a loose railing deserve compensation for their losses. Inform the host of what occurred. Document the accident as thoroughly as possible. Then seek help from our team to file a claim.
With serious injuries or previously denied claims, we strongly encourage you to speak to a slip-and-fall accident lawyer before filing your Airbnb liability claim. Kwartler Manus can provide you with a free consultation to review what happened in your case and build a claim that establishes fault and the amount that party owes you for your losses. Contact us now.
Sources
- Airbnb: Safety requirements for homes
https://www.airbnb.com/help/article/2904#section-heading-0
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