Using Airbnb should be carefree. You should feel comfortable relaxing and using the pool, hot tub, or other amenities without risk. Sometimes that does not happen. An injury can suddenly bring your trip to a halt, demanding an emergency room visit. When that happens, you may have the right to seek a claim against those at fault.
Most often, the host or property owner maintains responsibility for providing a safe environment. They must create a reasonably safe space for anyone using the location or warn of any risks associated with the space.
If this does not happen and you suffer injuries, seek the help of a Philadelphia premises liability attorney from our team at Kwalter Manus.
Responsibility at an Airbnb Pool or Hot Tub
An Airbnb property owner or host is typically responsible when an injury occurs at their pool, hot tub, or other facility amenity. This falls under premises liability laws. But there are limitations and expectations in these environments.
You must show that the party is negligent. To do that, they must have owed you a duty of care. That applies if you properly rented the facility and had the right to be there. They must have breached that duty of care in some way, causing the accident that resulted in physical and financial loss.
Some examples of when they may be responsible include:
- Slip and falls due to slick surfaces around the pool, such as a lack of traction
- Lack of proper railings and steps to get into and out of the pool
- Missing fences around a pool
- Chemical burns to the eyes and skin from chlorine or chemical overuse
- Broken tile or other surfaces that cause cuts
- Equipment failures that result in injuries, such as a sharp edge or exposed electrical wire
- Broken gate latches that allow your child to enter the property unsupervised
- No safety covers on the pool
- Inadequate warnings on pools of safety risks, especially when required by local compliance
- Defective alarms to signal the gate was opened, or access was otherwise available to an unsupervised individual
Each one of these accidents may be evidence of negligence if you can show the owner knew of the risks and failed to take action to prevent injury.
Can You Seek Compensation from Airbnb After a Pool or Hot Tub Injury?
It is rare that Airbnb is directly responsible for your injuries and losses at a rental property. The property owner or host maintains most of the responsibility in these cases. You may be able to file a claim against the short-term rental company if you can show that they allowed the rental to be booked on the platform despite numerous warnings about injuries or safety hazards. Proving they knew about the risks and failed to act is challenging, but it can happen.
Can Others Be at Fault for the Pool or Hot Tub Injury at an Airbnb?
After an accident like this, gathering as much evidence as possible is critical. You need a full understanding of what caused the incident to know if there are any indications that others could be at fault. Here are some examples of when that may be the case:
- The hot tub manufacturer is at fault if their design or the appliance's manufacturing process causes the accident. Often, there are other claims like yours that could substantiate this.
- A maintenance company responsible for the pool either over-treated it or failed to check a component, resulting in the injury.
- The manufacturer or installer of safety fencing, safety covers, or other types of pool warning systems failed in their responsibility. These types of claims fall under product liability laws.
These types of mistakes can create a serious risk of harm to anyone using that pool or hot tub. Seeking evidence of these details can be challenging without legal insight
When to Hire a Premises Liability Attorney for Your Airbnb Case
Less severe injuries may not require hiring legal representation. However, there are many cases in which the losses are significant and hiring an attorney becomes critical. If you have any type of serious injury, including traumatic brain injuries, spinal cord damage, or injuries resulting from near-drownings, an attorney will work to minimize the complications. Your lawyer works to get as much compensation as possible for you.
If your child or other loved one died as a result of using a hot tub or pool at an Airbnb, and you believe the owner, Airbnb, or other party is at fault, we encourage you to contact our legal team immediately. These cases are tragic, and having a trusted attorney by your side can prove to be critical.
Turn to Our Premises Liability Attorney in Difficult Cases
At Kwartler Manus, our premises liability attorney works with victims to get answers and recover damages. Let us hold the insurance company or others accountable for the losses you and your family suffered during your Airbnb stay. We can review your case during a free consultation to explore your legal options.
Sources
- Senate Bill No. 784
https://www.palegis.us/legislation/bills/text/HTM/1981/0/SB0784/PN0911
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