When you’re staying in Las Vegas and want to skip the resort fees or the sketchy motels, Airbnb is a great choice for booking accommodations. The online homestay and vacation rental service allows guests to book a bedroom, apartment, or even an entire house, providing flexibility and all the comforts of home at a lower price point than many casino hotels.
Unfortunately, accidents do happen— and you may suffer an Airbnb injury even after doing your due diligence. Learn more about Airbnb liability, insurance, and injury claims with this guide from the personal injury lawyers at Lerner and Rowe Injury Attorneys.
Liability: Who Is Responsible for My Injuries?
The first thing you need to consider before filing any kind of Airbnb injury claim is what, or who, caused the accident that led to your injuries. Generally, to sue an Airbnb owner or landlord, there needs to have been some kind of negligence on their part.
For example, if you were injured in an Airbnb after tripping or falling down a set of damaged or poorly-maintained stairs, the Airbnb owner could be held legally liable for your injuries because they failed to repair, maintain, or warn you about hazards on their property. On the other hand, if you slip and fall down the stairs at an Airbnb because you were intoxicated, the owner would likely not be considered liable.
What Are My Compensation Options After an Airbnb Injury?
Because an Airbnb owner or host may have multiple insurance policies that cover premises liability on their property, you could end up filing more than one injury claim with more than one insurance company. Your own travel insurance may also help you recover some of your expenses.
Airbnb Host Protection Insurance
Airbnb Host Protection Insurance automatically covers all Airbnb hosts and guests in Las Vegas. This type of liability insurance covers up to $1 million in injuries and property damage to guests or third parties while they are staying at an Airbnb, from check-in to check-out. Because Airbnb Host Protection Insurance is considered primary liability insurance, this means that filing a claim with Airbnb is usually the first step towards obtaining compensation after an injury.
To file an injury claim with Airbnb, the injured party or the host needs to fill out a brief insurance program intake form including basic details about the location, time, and circumstances of the accident. Then (similarly to a car accident claim) an insurance adjuster will review the claim, gather additional information, and try to settle the claim.
Lerner and Rowe Injury Attorneys strongly recommends consulting with a personal injury lawyer before accepting any settlement offer from Airbnb.
Claimants should note that there are several exceptions to Airbnb’s insurance coverage, including injuries related to aircraft, automobiles, or mobile equipment (unless these are being used as accommodations), battery or assault, or defective products. This policy also does not cover guest illnesses acquired through communicable diseases, fungi, bacteria, or pollutants. However, you may still be able to file a personal injury claim against other responsible parties.
Homeowner’s Insurance
If your Airbnb injury occurred in a residential home owned by your host but is not covered by Airbnb Host Protection Insurance (or the cost of your injuries exceeds the $1-million policy limit), another option for obtaining compensation for your injuries is to file a claim with the host’s homeowner insurance. However, it is important to note that most standard homeowner’s insurance policies do not cover Airbnb injuries. In most cases, policy holders must purchase additional home-sharing coverage for guests to be protected.
Landlord Insurance
In some cases, Airbnb hosts may not own the property they rent to travelers. In cases where another person owns the property where the injury occurred and Airbnb Host Protection Insurance is insufficient, landlord insurance may help close the coverage gap. Like homeowner’s insurance, landlord insurance generally offers liability protection for guests visiting their property, but there may be exclusions if the property is being used as a short-term vacation rental.
Travel Insurance
If you purchased travel insurance prior to your Airbnb stay and suffered an accident, injury, or illness while on vacation (whether inside your Airbnb or not), travel insurance will generally reimburse your related medical bills. Depending on how much coverage you purchase and the extent of your injuries, this could cover some or all of your expenses.
How Can an Airbnb Injury Lawyer Help?
For minor injuries that occur in an Airbnb, settling a claim with an Airbnb insurance adjuster may prove to be a fairly simple and straightforward process. Regardless of how nice they may seem on the phone, however, it’s important to remember that insurance adjusters are not on your side. Their job is to save their employers money, not pay you a fair amount for your injuries, medical bills, and other losses.
If you or a loved one has suffered costly or catastrophic injuries while staying at an Airbnb, you need steadfast legal representation to get the compensation you deserve. Before you even think of accepting a settlement offer, contact Lerner and Rowe Injury Attorneys. Our legal team will review your Airbnb injury case at no cost to you, and with no obligation to retain our services.
Should you decide to move forward with us, our lawyers will fight hard for your right to compensation both in and out of the courtroom. We won’t rest—and you won’t pay us anything—until we’ve made a financial recovery on your behalf. On top of the experience we bring to each case, the most valuable non-legal service we provide is to carry the emotional burden of our clients so that they can focus on recovery.
To claim your free legal consultation, call us 24/7 at 702-877-1500. You can also reach out to one of our LiveChat agents standing by, or fill out this form with your case details to be forwarded to our office.