What if I’m Hurt at an Airbnb?

If you slip and fall or get hurt in another type of accident while staying at an Airbnb or other short-term rental property in the Atlanta area, it can be hard to know what to do. The rental property platform urges you to contact them, but they are not going to be anxious to assume any liability for what happened, so anything you say to them can be taken out of context and used against you later. It is important to be very careful about what you say and do to preserve your legal rights.

At Michael M. Day Law Firm, LLC, we’ve helped many people recover the compensation they need and deserve when they’ve been injured on someone else’s property, and we are always willing to give a free case evaluation and consultation, so feel free to contact us with questions. Here is some basic information you need to understand in this type of situation.

Everyone Agrees on What to Do First—Get Medical Attention

While it may be difficult to understand what you should do with regard to reporting the incident, the advice about what to do first is clear. Airbnb, personal injury attorneys, and others who’ve been involved in these types of situations all advise you to get the medical attention you need before doing anything else.

It is a good idea to get a thorough medical exam even if your injuries seem minor because the adrenaline rush you experience after a fall or other accident can hide a wide range of injuries, some of which may be quite serious. In addition, getting a prompt medical exam provides you with important medical evidence that will be quite useful if you need to file a legal claim. If you wait until later to see a doctor, insurance companies or others will argue that your injuries were caused by something that occurred later, or they will say that your injuries must not be as serious as you claim or you would have sought treatment earlier.

Besides getting an exam right after your injury, it is essential to go back and see a doctor if you notice new symptoms or if existing symptoms get worse. Many injuries, including traumatic brain injuries, develop slowly over time and don’t show symptoms until hours, days, or even weeks have passed.

Premises Liability and Contractual Liability

One reason you may be entitled to compensation after you’ve been injured on someone else’s property is because property owners have an obligation to keep the property safe for people they invite onto the premises—particularly when the property owner has the potential to benefit financially from having that person on their property. If they know or should know about a dangerous condition and fail to take the right steps to protect guests from that danger, they can be held legally liable for injuries that result under the theory of premises liability.

In addition, the rental platform that you used to book the stay, Airbnb, may also be liable based on contractual arrangements. The company provides insurance to the people who rent properties through the platform, so if the contractual conditions are satisfied, then Airbnb may be required to cover the losses through their insurance.

Insurance May Cover the Losses – But Whose Insurance?

Many people who own property take out liability insurance to pay costs if someone is injured while on their property. Those who rent property may also carry renter’s insurance with liability coverage. And now, Airbnb provides liability coverage to cover expenses associated with injuries to guests. So, if you’ve been injured while on an Airbnb property, there is a good chance that one or more of these types of insurance will be obligated to pay your claim for damages.

It could be difficult to determine which insurance policy applies in your particular case. Additionally, getting that insurance company to pay a fair amount for your losses will certainly be difficult. Insurance companies are always focused on profit margins, and to make money, they try to pay as little as possible for claims. They will often deny liability and either claim that another party’s insurance is responsible, or they will argue that the injured person is liable and that, therefore, the insurance company is not required to pay for the claim. If they do offer a settlement, it is usually far less than the claim is worth, and they may try to pressure you to accept it before you have time to find out the true value of your claim.

This is why it can be so helpful to work with an experienced attorney when filing an injury claim. At Michael M. Day Law Firm, LLC, for instance, we know the tricks that insurance companies try to use to get out of paying claims, and we know how to work effectively to get them to offer a fair amount or to obtain a fair amount through the courts if necessary.

Should You Report the Incident to Airbnb?

It will be necessary to report the incident to Airbnb, but you don’t necessarily need to do it yourself. You can have your attorney notify the rental company, which prevents you from inadvertently saying something that could be taken out of context and used to deny liability. The same holds true for talking to insurance companies. Representatives can seem friendly and get you started chatting, and then any polite statements you made (such as “I’m fine, how are you?”) could later be used to “prove” that you’re not injured as badly as you claim.

If you talk to representatives directly instead of referring them to your attorney, carefully consider each word you say and confine your statements to the facts. Don’t speculate about anything, including the cause of the hazardous condition that led to your injuries or the time it will take for you to fully heal.

Michael M. Day, LLC Fights for the Compensation You Deserve After an Injury at an Airbnb, Hotel, or Other Overnight Rental

When you’re hurt while away from home, it can be hard to know where to go for follow-up medical care and what to do to preserve your legal right to compensation. The team at Michael M. Day Law Firm, LLC, is ready to assist in situations like this. We can help you find the resources you need and get the damages you are entitled to offset the full extent of your losses. If you’d like to talk to us about your case and get a free evaluation and consultation, call us at 404-480-4284 or contact us online now.