After suffering an injury at an Airbnb, you may be unsure what to do next. Filing a claim with the company or host seems logical, but that may be a mistake if you have serious losses. Instead, set up a consultation with a Philadelphia Airbnb injury lawyer to discuss your case. You do not have to pay anything, but you will learn a great deal about your legal options and rights.
At Kwartler Manus, our Philadelphia personal injury attorney offers transparent, honest insight into your rights. Take a look at some of the most important conversations you need to have with them.
Do You Have a Case
One of the biggest questions most people have is whether they have a case. To seek compensation in a personal injury claim, you must demonstrate negligence. Four components define negligence:
- Duty of care. You had the right to be there. If they rented the location to you for a period of time, that establishes that duty of care.
- Breach of duty of care. The at-fault party did something or failed in some way with their duty of care.
- Causation. Their breach of duty of care is the direct reason that the accident occurred. This link is essential.
- The accident caused injuries to you. You can file losses if you can show the losses stem directly from the accident.
Discuss with your attorney what happened, why it occurred, and what evidence you have. If you are unsure of any of these areas, your attorney will clarify them with you, analyzing every aspect of care.
Determine If You Should Just File a Claim
Airbnb and most hosts want you to simply agree to a payment and move on. If the losses are very minor, this is logical. For example, you cut your finger on a sharp edge and need stitches. A bill for those stitches may be all you can recover. Filing a claim directly is the most logical solution.
However, your attorney will inform you of what additional losses may be applicable in your case that you did not think about before filing a claim. That might include the nerve damage to your finger that limits your ability to now play a sport you have enjoyed for years to come. It may mean you can no longer do the work you do, or you could suffer ongoing pain and debilitating limitations.
This is an extreme example. Yet, the conversation remains essential. Find out what your attorney believes your case may be worth. Let them provide you with clarity on your rights and any limitations you are facing as a result of the incident.
Note that your attorney will also guide you in knowing when to file a settlement claim with the insurance company. In rare cases, you may need to file a lawsuit against the at-fault party. To do so, you must act within the two-year statute of limitations in Pennsylvania.
Who Is At Fault
Another discussion to have relates to who owes you the compensation. In most situations, where a host rents the property to you, you will find a claim for losses through the host’s liability insurance. This occurs, for example, for most types of premises liability claims. Examples may include:
- Slip and fall accidents
- Equipment malfunctions
- Maintenance-related issues
- Exposure to toxins
- Swimming pool accidents
- Falls from heights
- Burns and fires
In these situations, the host has the responsibility of providing you with a safe environment. When they fail, you can seek compensation for the losses you have suffered.
Airbnb is typically less likely to be at fault. However, if you can show that Airbnb knew of a risk and failed to address it, or allowed for a miscommunication to continue to occur on their website, you may be able to hold the rental company platform accountable as well. Your attorney will examine these options to determine how seeking a claim against the rental company could be helpful.
What Evidence Do You Need to File a Claim
Discuss the evidence available to uphold your claims. The more evidence you have, the harder it is for the insurance company to deny your claim. Some of the evidence beneficial includes:
- Photos of the damage sustained, including your injuries
- Video from security footage that shows what occurred
- Photos of the evidence from the scene, such as debris and the layout
- Witness statements
- Medical documentation demonstrating your injuries
- Accident reconstruction specialist support to show how the incident occurred
- Previous claims made against the Airbnb property for the same risks
- Noted reports and reviews on Airbnb of worrisome or dangerous circumstances
In each case, your attorney will evaluate the evidence available and then seek out additional information and resources. Their goal is always to create a clear path towards recovering damages. Evidence like this can be very helpful.
Schedule a Free Consultation with Our Philadelphia Airbnb Injury Attorney
At Kwartler Manus, we believe in helping victims seek fair compensation. We are an open book. Ask us any questions you have. Let us explore the types of remedies available to you. Call our Philadelphia Airbnb injury lawyer now to learn more at a free consultation.