Airbnb rentals are an option for people booking vacation stays or hosting parties in Las Vegas. But Airbnb properties and similar online rentals such as Vrbo or HomeAway are not regulated as strictly as hotels in Nevada. Some Airbnb renters find that online profiles meant to sell a rental property do not necessarily match reality.
A lack of upkeep can lead to hazardous conditions at an Airbnb property. If you are injured because of conditions at an online rental property, you may have questions about who is legally responsible. You might look to the property owner, the renter whose guest you are, or to the Airbnb online service and find that they dispute liability for your injury.
At Sam & Ash Injury Law in Las Vegas, we will sort out who should be held financially accountable for injuries you sustained at an Airbnb or other short-term rental property. If another party’s negligence caused your Airbnb accident, we’ll help you pursue just compensation for your medical bills and other accident expenses because you deserve What’s Right. Call us today to discuss your accident with an Airbnb injury lawyer for free.
What To Do After Being Injured in an Airbnb in Las Vegas
You or a companion should take steps to establish preliminary evidence of liability for an accident that has occurred at an Airbnb property. You should:
- Take photos of what caused your injury
- Get names and contact information for any witnesses
- File a written accident report with the property owner or send them a detailed email
- Seek medical attention promptly after an accident
- Refrain from discussing your accident, injury, or potential claim on social media
- Contact an experienced Las Vegas personal injury lawyer
Types and Causes of Injuries at an Airbnb
There are numerous types of accidents that may occur at an Airbnb rental that can be the basis of a premises liability lawsuit.
Premises liability is the legal doctrine that says a property owner is obligated to provide a certain level of care to their guests. That means that, if you have been invited onto their premises (building and grounds) or you’re otherwise on the premises with permission, you should be able to expect the property is reasonably safe. When a property owner fails to correct an unsafe condition on the property or provides adequate warning and a guest is injured as a result, the property owner may be held legally responsible.
When we speak of injury in a premises liability claim, we often mean a traumatic personal injury, such as a broken arm, a broken leg, a head injury, or a back injury. These types of injuries are common in such Airbnb accidents as:
- Slip and fall accidents
- Structural collapse of decks or balconies
- Injuries caused by falling ceiling fans or mounted TVs or furniture that breaks
- Swimming pool accidents (drownings, near drownings)
- Elevator accidents
- Fires or explosions
- Unsanitary conditions, including toxic mold or other hazardous substances causing illness
- Dog bites
- Bedbug bites
Another aspect of premises liability is the owner’s responsibility for the security of guests while on the premises. A renter might pursue a premises liability claim asserting negligent security at an Airbnb rental after an injury caused by criminal assault, sexual assault, or assault with a deadly weapon.
Negligent security may involve:
- Doors and windows that do not lock securely
- Broken fences or gates
- Inadequate or missing lighting
- Lack of alarm system or functioning alarms
- Lack of security cameras or functioning camera equipment
- Lack of security guards or untrained security guards.
Common Airbnb Slip and Fall Injuries and Their Causes
Injuries from slip and fall accidents are the most common injuries cited in premises liability claims. A slip – or trip – and fall accident can happen when Airbnb property owners and the company neglect:
- Uneven or cracked entryways, flooring, decks
- Broken steps or stairs
- Stairways with defective or absent handrails
- Loose or torn carpets or rugs
- Poor lighting in an area with potential hazards
- Spills left behind from the previous guest or housekeeping
- Highly polished or waxed floors
- Wet floors due to leaky appliances, roofs, showers, bathtubs, or hot tubs
- Walkways cluttered with debris
- Potholes in driveways or parking lots
- Holes or uneven landscaping
Injuries we often see in slip and fall cases include:
- Broken bones, including fractures of the hip, wrist, arm, and leg
- Neck and back strains and sprains
- Knee injuries from the twisting motion of a fall, causing soft tissue tears, including ACL tears
- Shoulder injuries, including dislocations and soft tissue injuries, such as rotator cuff tears
- Head injuries including concussions and more severe traumatic brain injuries
- Spinal cord injury
Proving Liability in an Airbnb Accident
As your Airbnb injury attorneys, Sam & Ash Injury Law can investigate your accident to determine who should be held accountable and calculate the full compensation you may claim.
In most cases, the property owner – or the Airbnb host – is responsible for the condition of their property. The owner/host has an obligation to eliminate safety hazards on their property in a timely manner. This means fixing the hazard or posting a warning or barrier to prevent an accident.
What qualifies as timely attention to a problem is somewhat open to interpretation. A Nevada court hearing such a case will consider the evidence as to whether the property owner or the property manager made a reasonable effort to inspect the property and keep the property safe. When handling Airbnb injury claims for injured clients, our attorneys seek evidence to show:
- What the hazard was and the danger it presented
- That failure to correct the hazard or mitigate it contributed to the injury
- Whether the owner regularly inspected and maintained the property
- How long the hazard existed
- What was required to correct or eliminate the hazard
- That the property owner had a reasonable opportunity to repair the problem or provide a warning about the hazard and failed to do so
As your attorneys, we would present a demand letter to the responsible insurance company on your behalf with our evidence of the property owner’s liability, an accounting of your losses, and our requirements for full compensation to you. If an insurer refused to provide an appropriate settlement, we would be prepared to pursue an Airbnb injury lawsuit on your behalf.
About Airbnb’s Host Liability Insurance Coverage
It is well worth pursuing a claim if you have been seriously injured because of hazardous conditions at an Airbnb property in Las Vegas that you rented or where you were a renter’s guest.
Airbnb provides Host Liability Insurance (HLI) coverage for every approved listing. This is primary liability coverage for up to $1 million per occurrence for claims involving bodily injury or property damage at a residential rental property or other property owned or controlled by an Airbnb host, listed on the Airbnb platform, or booked using the Airbnb platform.
In addition to houses, condos, and cabins, host liability coverage applies to multiple types of nontraditional properties offered as Airbnb rentals if they are used as accommodations, including:
- Mobile homes
Airbnb allows its hosts to make a claim under the HLI program instead of their own insurance policy in many cases. However, there are some exclusions to Airbnb’s HLI coverage, which would require a claim to be filed with the host’s own general liability or business liability insurance. A few of the exclusions include:
- Assault committed by the host
- Accidents involving cars, motorcycles, or boats on the Airbnb property
- Injury caused by a guest who the host allowed to become intoxicated or to consume alcohol while underage
- Transmission of communicable diseases
- Loss of electronic data.
Contact Our Las Vegas Airbnb Injury Lawyers
We do not recommend trying to deal with Airbnb or an insurance company on your own after a serious accident, negligent security issue, or another liability incident that has caused you significant injury. You’ll have a better chance of obtaining justice if you are represented by a Las Vegas premises liability attorney who understands Airbnb liability and the insurance coverage available to pay compensation.
If you’ve been injured at an Airbnb or other short-term rental property in Las Vegas, contact Sam & Ash Injury Law. You can rely on the attorneys at Sam & Ash Injury Law to gather evidence to support your claim and negotiate aggressively for a fair settlement or to present a persuasive case in court if necessary. We’ve built our firm’s reputation on fighting for What’s Right. We’re ready to stand up for you.
For a free initial consultation, call us or contact us online today.