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AirBnB Rental – What happens if you were injured?


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-Attorney Roxell Richards
Roxell Richards

AirBnB Rental – What happens if you were injured?

Airbnb rental is perfect if you are looking to travel on a budget or even earn some extra money by renting out your home to travelers. How Airbnb rental works is fairly simple. A host post pictures and a description of their house, room or apartment onto the website. The renter chooses the best option for them based off the pictures, location and description listed. They can even negotiate on price and length of stay with the host.

The idea of it is pretty simple but what are you going to do if you or your guest is injured while on an Airbnb property? There are definitely some liability issues behind the house sharing company that can leave you in a bad situation. If you are injured while staying at an Airbnb you might find it hard to recover the monetary damages you deserve from the property owner or Airbnb company.

Much like uber in the transportation industry, Airbnb allows individuals to provide a service to a public market. The downfall to this is sometimes it is a “you get what you pay for” type of situation. The host will post pictures of their homes. The renter will contact the host for the property and that’s when pricing is negotiated. All arrangements are based off the properties that are shown on the site. With that being said there is no way to prove that the property is safe or in in good condition. For example what if the wooden shelf that is perched over your bed in your weekend hostel is not secured properly. The floating shelf crashed down on top of you and you are injured. Or what if the floorboards in the vintage get away you are renting are rotten and you or your guest fall through them. Who is responsible ? who pays?

When you are staying at a hotel the liable party is more clear. The hotel failed at providing you with a safe environment which subsequently caused your injury. The hotel would obviously be responsible. However when dealing with an Airbnb or room sharing company you may be dealing with up to three different parties. The Airbnb or room sharing company, the owner of the property or the landlord if the person you rented from is renting the space.

Most would assume the homeowner would be the responsible party because the injury or accident happened on their property. This would be true if the homeowner misrepresented their property on the site. They could have made the property appear more than it actually is. Or even if the homeowner failed to tell the renter of any dangers the home may have.

However most insurance companies have clauses in their policies that state they will not cover the property or individuals involved if the property is being used for profit. Same for a renter who rents out their rented property. It is unlikely their insurance will cover any claims made for more information on Airbnb liability claims.

If you or someone you know involved in this kind of situation and would like me to review, please call 1-855-GOT-INJURED or click here to complete the form for your case review.

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