Staying at an Airbnb or other vacation rental can feel like a home away from home, but what happens if you’re injured due to unsafe conditions on the property?
In Florida, where tourism and short-term rentals are prevalent, understanding the legal protections available to Airbnb guests is essential. Florida’s premises liability laws offer safeguards for those injured due to property owner negligence, often favoring the injured party under certain conditions. However, complexities arise around issues like comparative negligence and insurance coverage, making it crucial for guests to know their rights and next steps if an accident occurs.
What is an “Airbnb?”
Specifically, Airbnb is a company that operates an online marketplace for short-and-long-term homestays in various countries and regions. It acts as a broker and charges a commission for each booking. Founded in 2008, it is the most well-known company for short-term housing rentals. More generically, “Airbnb” refers to any homestay property that caters to vacationers or individuals looking for accommodations while traveling.
What to Do if You’re Injured While Staying at an Airbnb
If you’ve been injured while staying at an Airbnb in Florida, it’s crucial to take the following steps to protect your health and legal rights:
1. Seek Immediate Medical Attention
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Prioritize your health by obtaining prompt medical care.
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This ensures proper treatment and creates a medical record linking your injuries to the accident.
2. Document the Scene
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Take photos/video of the accident site, focusing on the hazardous condition that caused the injury.
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The visual evidence can be vital in establishing negligence.
3. Collect Witness Information
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If others were present during the incident, gather their contact info and statements.
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Witnesses can provide corroborative accounts of the conditions leading to the injury.
4. Notify the Host
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Inform the Airbnb/property host about the incident as soon as possible.
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Provide a detailed account and request a written confirmation of your report.
5. Report to Airbnb/Hosting Company
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Use Airbnb’s platform to officially report the incident.
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This will initiate their internal processes and be necessary for any insurance claims.
6. Preserve All Correspondence and Receipts
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Keep records of all communications with the host and Airbnb.
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Retain receipts for medical expenses and any other costs related to the incident/injury.
7. Consult a Personal Injury Lawyer
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Speak with a law firm/lawyer experienced in Florida premises liability law.
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They can assess your case and guide you through potential legal actions.
Understanding Liability and Insurance Coverage
In Florida, property owners, including Airbnb hosts owe a duty of care to their guests. This means they must maintain a reasonably safe environment and address any known hazards. If a host’s negligence leads to your injury, they may be held liable under premises liability laws.
Duty of Care Owed by Property Owners
Under Florida law, property owners owe a duty of care to those legally on their premises. Airbnb guests are typically classified as “invitees,” meaning they are owed the highest duty of care. Property owners must do the following:
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Maintain Safe Conditions: Regularly inspect and repair the property to prevent hazards.
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Warn of Known Dangers: Inform guests of any non-obvious dangers that cannot be immediately rectified.
Failure to uphold these duties can result in the property owner being held liable for injuries sustained by guests.
Airbnb provides a “Host Protection Insurance” program, offering up to $1M in liability coverage for hosts. This policy can cover claims of bodily injury of property damage brought against hosts by guests. However, certain incidents such as intentional acts or injuries resulting from conditions not disclosed by the host, may not be covered.
Legal Considerations
Florida’s premises liability laws are structured to protect individuals injured due to property owner negligence, including in Airbnb settings. While these laws favor the victim, factors like comparative negligence and specific insurance policy exclusions can influence the outcome of a claim. Consulting with a personal injury lawyer experienced in Florida premise law is advisable to navigate these complexities effectively.
Contact GOLDLAW if You’ve Been Injured Staying at an Airbnb
If you or somebody you care about has sustained an injury caused by the negligent owner of an Airbnb, we encourage you to reach out to a GOLDLAW attorney as soon as possible At GOLDLAW, we have a deep understanding of Florida personal injury law, and we know what it takes to secure compensation for a premises liability and negligent security claim.
