California Vacation Rental Liability Injury Lawyers
- PAY NOTHING UPFRONT
- OVER $0 BILLION RECOVERED
- ZERO-FEES UNTIL WE WIN
We’ll review what happened and tell you what options may be available.
Or, get LIVE help now — call our free 24-hour accident hotline at (888) 488-1391
Our California Vacation Rental Liability Injury Lawyers Provide Personalized Legal Support For Every Client
Vacation rental apps are sweeping the nation, attracting all walks of life with gorgeous locations, cheap prices, and convenient reservation processes. Three of the most popular rental sites are Airbnb, HomeAway, and VRBO.
While these websites offer extraordinary travel and accommodation opportunities, they might not always be the safest option for vacationers. Since the debut of these types of apps, users have reported accidents, injuries, and assaults while staying in rentals. Our injury law firm can help you if you recently experienced a similar situation with one of these websites.
What Happens When I’m Injured At An Airbnb?
In recent years, short-term rental properties have become hugely popular. This new type of rental property has created an entirely new question of premises liability. In many cases, the Airbnb host is a homeowner renting out their own private property.
But should they be treated as a homeowner for purposes of premises liability? After all, they are making money, so perhaps they should be treated more like a hotel. However, hotels have more staff and far more experience in making properties safe. Landlords also have a legal obligation to keep the common areas safe for tenants.
Many premises liability claims arise from injuries that occur on stairwells, in pools or hot tubs, in parking lots, and in other common areas of an apartment complex. It does not seem fair to hold an individual homeowner to the same standard of care. This question is still being considered in courts across the country. While there is not yet a definitive answer, the general rule is that an Airbnb host can be held liable for their negligence.
If, for example, your host had a loose gas line that caused carbon monoxide poisoning, this would likely be negligence. Because these situations are still being considered on a case-by-case basis, it is important to get an attorney’s opinion about your unique situation. These rules apply to all short-term rentals, whether they are made through Airbnb, VRBO, or a property management company.
Property Owner Responsibilities
When you secure a rental on Airbnb, HomeAway, or VRBO, you assume the property is safe for occupants. As a paying guest of the property, you have the right to expect reasonably safe premises. If a property owner or landlord failed to repair a known hazard like a faulty staircase, resulting in occupant injury, the victim may have a premises liability case.
If the property owner knew or reasonably should have known about the hazard and failed to repair it, they may face liability for the resulting injuries. Property owners must also check for potential risks and warn guests of known dangers, such as the danger of diving into a shallow pool.
After sustaining an injury while on a rental property, take photos of the object, obstacle, or property condition that caused your accident. This might be loose carpeting, exposed electrical wires, leaking water pipes, loose shelving, or a ditch in the yard. After sustaining an injury, consider seeking medical attention promptly, and keep copies of all your medical records and expenses.
Notify the property owner about the incident. Also, consider speaking with an attorney to understand your rights in such situations. You can discuss the possibility of a premises liability claim against the landlord or property owner with your attorney.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Rental Insurance Policies
Before someone lists a property on Airbnb, HomeAway, or VRBO, they should purchase special vacation rental insurance coverage. All three sites urge rental owners to carry insurance that covers rental activities or business activities.
Typically, homeowners’ insurance may cover injuries to guests on the property, but coverage depends on the specific circumstances of the accident. However, exclusions or limitations may apply, so it’s important to review the policy details. HomeAway and VRBO offer insurance products right on their sites. Meanwhile, Airbnb offers coverage for injuries for guests through Host liability insurance.
When you stay at a vacation rental you booked through one of these sites, there is no guarantee that the property is safe. There is always a possibility that there are unaddressed hazards. The property owner may also not have the proper insurance to cover guest damages.
These issues make cases involving an Airbnb, HomeAway, or VRBO rental complex. Our attorneys can help clarify potential liability and your available options.
Proving Liability
If you believe you have a case against a property owner or landlord, check to see if you have the elements necessary to bring a claim. First, you will need to show that the landlord had a duty to keep the area where the accident occurred in a reasonably safe condition. Second, the landlord failed to reasonably prevent the accident (i.e., the landlord could have fixed the problem or given adequate warnings). Third, your injury resulted from the landlord’s failure to fix the problem. Fourth, you suffered real damages because of the incident.
These four elements make up the basic elements necessary to bring a premises liability claim for your Airbnb/HomeAway/VRBO injury. When in doubt after a vacation rental accident, you may talk to an attorney at Arash Law led by Arash Khorsandi, Esq. If you believe you have a valid premises liability claim, our experienced attorneys can help you understand your legal options and pursue appropriate compensation. Call (888) 488-1391 or contact us online for a free initial consultation.
