An Airbnb stay is supposed to be filled with fun, excitement and relaxation. If you suffer an accident that leaves you injured, it can turn into a nightmare. You might be entitled to compensation if this has happened to you. These are some facts to know and how to handle the situation.
Airbnb Accidents and the Need for Legal Representation in Melbourne, Florida
Airbnb accidents are more complex than other situations that cause personal injury in Florida. This is because they fall under the premises liability category of law: the property is owned by another party, and multiple parties might be involved and liable. Property owners and managers must ensure their premises are kept in reasonably safe condition for guests – also known as invitees with legal permission to be on the property.
Because of the complex nature of Airbnb accidents, it’s important to have legal representation. A lawyer experienced in these cases can protect your rights and fight to hold the liable parties responsible. Legal representation increases your chances of a successful case and satisfactory compensation to cover your medical expenses and other damages.
Understanding Personal Injury Cases in Airbnb Accidents in Florida
When a person is injured in a Florida Airbnb accident, it must be established whether they share any level of fault. According to Florida Statute 768.81, the state follows the comparative fault rule, which means an injured party can still file a claim for compensation if they are less than 50% at fault for an Airbnb accident. If the person is not responsible for their injuries in any capacity, they can sue for the full amount, but it’s crucial to determine the liable party or parties.
Host Protection Insurance and its Limitations in Florida
Airbnb offers host protection insurance to hosts in Florida that provides up to $3 million in coverage. This applies if a guest damages the interior or exterior of a property and covers the costs of repairs. However, host protection insurance has a separate coverage for liability. This offers up to $1 million in bodily injury coverage if a guest suffers accident or incident that leaves them injured during their Airbnb stay.
There are some limitations to host protection insurance. For example, intentional property damage and injuries deliberately caused by a guest are not covered. Host protection insurance also does not extend to damage to certain property, stolen cash, jewelry or collectibles. Also, although many people enjoy bringing their pets to their Airbnb trips, they are not covered under host protection insurance.
What Is Host Protection Insurance Coverage?
There are two types of host protection insurance coverage. One protects Airbnb hosts if guests damage their property and the other covers accidents causing injury to guests.
Limitations and Exclusions of Host Protection Insurance Policies in Florida
Florida host protection insurance policies have limitations and exclusions. They apply to mold, flooding, preexisting damages, intentional harm by an Airbnb host and some infestations.
Common Types of Personal Injuries in Airbnb Accidents
Airbnb visitors can experience certain accidents that cause injury. The most common include slip-and-fall accidents, injuries from defective or poorly maintained equipment, exposure to hazardous substances, swimming pool accidents, burn injuries, assault or criminal activity and bed bug bites or other insect-related injuries.
Slip-and-Fall Accidents
According to Florida Statute 768.0755, if a visitor slips and falls at an Airbnb, they must prove that the host had active knowledge of a dangerous condition on the premises. The condition must have existed long enough that the host or property owner knew about it and had ample time to correct it.
Injuries from Defective or Poorly Maintained Equipment
An Airbnb visitor can suffer injuries from using defective or poorly maintained equipment. Everything available for use on the premises should be in optimal condition and safe, or the host can be held liable. This includes anything from stairways to appliances to electronics and more.
Exposure to Hazardous Substances
As an Airbnb guest, you have the right to be safe from exposure to hazardous substances. According to Florida Statute 376.301, a property owner must ensure their premises are free of such situations to prevent their guests from suffering injuries or illnesses. For example, an Airbnb guest can be harmed if exposed to unaddressed gas leaks or carbon monoxide.
Swimming Pool Accidents
Swimming pools are a popular feature of many Airbnbs, but they must be kept reasonably safe to prevent accidents and drowning. Children are most likely to become victims and suffer injuries from such incidents. Sometimes, a child not staying at an Airbnb may wander onto the property due to an “attractive nuisance.” A swimming pool that isn’t properly fenced off can lead to young children entering and having an accident that can leave them seriously injured or even killed. Airbnb owners must ensure their property is secured to prevent this from happening, or they can be held liable. This is the case regardless of whether a child is with visitor parents.
Burn Injuries
Visitors can suffer burn injuries if a fire occurs or an electronic appliance inside an Airbnb malfunctions. These injuries are often catastrophic and require extensive medical treatment that may include multiple surgeries. In some cases, burn injuries leave victims permanently scarred or disabled.
Assault or Criminal Activity
When a person suffers injuries due to assault or criminal activity while staying at an Airbnb, the host or property owner might be liable. Reporting the incident to law enforcement and Airbnb and documenting everything is wise. According to Florida Statute 784.011, an assault doesn’t necessarily require a victim to be hit. It occurs even when someone makes a verbal threat or motion, striking a fear of imminent danger in the victim.
Bed Bug Bites or Other Insect-Related Injuries
Visitors can also suffer bed bug bites or other insect-related injuries at Airbnbs. This problem warrants filing a claim against the host for compensation. Airbnb hosts or property owners must ensure their premises are clear of bug infestations to prevent bites or stings that can lead to allergic reactions and illness.
Importance of Hiring an Experienced Airbnb Accident Attorney in Melbourne, Florida
If you were injured while staying at an Airbnb, you need an experienced attorney. The right lawyer in Florida can make all the difference in your personal injury case. They can protect your rights and work to get you the compensation you deserve for your damages.
How an Experienced Attorney Can Help Navigate Complex Legal Processes
Sometimes, the facts of an Airbnb injury case are complex, underscoring the need for an experienced attorney. A lawyer understands how best to handle your case, and if anything is unclear, they can use an investigative team to uncover the facts.
Factors to Consider When Choosing an Airbnb Accident Attorney in Florida
Certain factors must be considered when choosing an Airbnb accident attorney in Florida. They include experience in handling Airbnb accident cases, track record of success in similar cases, knowledge of local laws and regulations related to Airbnb accidents and dealing with insurance companies in Airbnb accident cases.
Experience in Handling Airbnb Accident Cases
An attorney with experience handling Airbnb accident cases can increase your chances of a successful outcome. They know the intricacies of these claims and can determine the best actions to take when representing you.
Track Record of Success in Similar Cases
When choosing an attorney to represent you in your Airbnb accident claim, look at their track record in similar cases. The right lawyer should have a higher number of favorable outcomes as it increases the odds that your case will be no different.
Knowledge of Local Laws and Regulations Related to Airbnb Accidents
You will want a lawyer knowledgeable about local laws and regulations related to Airbnb accidents. This is because they understand how legal procedures are handled in the local courts and know other attorneys who represent Airbnb hosts. They also know the specifics surrounding these unique accidents and can give you an edge in your case.
Dealing with Insurance Companies in Airbnb Accident Cases
Airbnb insurance companies might not want to pay when a visitor sustains an injury. If they do offer compensation, they might try to cheat the victim out of a fair amount. Having the right attorney on your side can prevent either scenario thanks to their experience dealing with insurers. Your lawyer will fight to ensure you get the best settlement in your case.
Andrew Pickett Law Can Help Airbnb Accident Victims
If you’ve been injured during your stay at an Airbnb rental property in Florida, our experienced team is prepared to listen to your story and fight to secure the compensation you rightfully deserve. Don’t hesitate to reach out to us by calling our office or submitting your details through our online contact form. We’ll promptly arrange a free, no-obligation consultation to discuss your case and explore your legal options.
