If you were injured in a slip-and-fall accident, you should first prioritize your safety and well-being. Slip and fall accidents can result in serious injuries (as defined in NY Insurance Law 1502) that can hamper your ability to work and carry out daily activities. Make sure to keep track of all relevant information related to what happened, just in case. You should then contact an attorney.
Here are the steps we recommend you take if you were involved in a slip and fall accident while staying inside (or on the premises of) an Airbnb:
- Seek medical attention and have your injuries fully evaluated and documented.
- Report the accident to the Airbnb host and Airbnb.
- Take photos of the accident scene, your injuries, and any hazardous conditions that contributed to your fall.
- Get the names and contact info of any witnesses.
- Hold onto copies of accident-related medical bills and documentation of missed work and lost wages.
- Consult with a personal injury lawyer to understand your rights and options.
Proper and diligent documentation is crucial for seriously injured individuals. Get in touch with personal injury lawyers as soon as you’re ready – ensuring that your claim falls within the statute of limitations in your state.
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Who Can be Held Liable?
The property owner and/or AirBnb may be liable for your injuries under premises liability law if you slip and fall due to a dangerous condition at an AirBnb. Property owners have a duty to maintain safe conditions and to warn clients of potential hazards. Airbnb also has a responsibility to ensure the properties on its platform meet safety standards.
To hold a property owner liable, your legal team must prove that:
- A dangerous condition existed on the property.
- The owner knew or should have known about the hazard.
- The owner failed to take reasonable steps to fix the condition or provide warnings.
- The dangerous condition caused your slip and fall accident and resulting injuries.
In some cases, the injured guest may be found partially at fault for the accident (also known as comparative negligence). For example, if the guest was not paying attention, ignored warning signs, or was under the influence of drugs or alcohol, their negligence may have contributed to the slip and fall.
Under New York's pure comparative negligence rule, the guest's compensation would be reduced by their percentage of fault. So, if a guest is found 30% at fault and awarded $100,000 in damages, they would ultimately receive $70,000.
Establishing a Personal Injury Claim
Establishing liability in an Airbnb slip and fall case requires a thorough investigation and gathering of evidence. This may include photographs of the hazard, witness statements, property maintenance records, and Airbnb complaint logs. An experienced premises liability attorney can help build a strong case and hold the appropriate parties accountable for your injuries.
Here are some key elements that your team needs to establish during the initial investigation:
| Duty of Care | Prove that the property owner owed you a duty of care as an Airbnb guest. This is typically straightforward, as Airbnb guests are considered invitees under New York law, and property owners owe invitees the highest level of care. |
| Dangerous Condition | Identify the specific hazard or dangerous condition that caused your slip and fall accident. This could be a wet floor, loose carpeting, broken stairs, or any other condition that poses an unreasonable risk of harm. |
| Knowledge of the Hazard | Establish that the property owner knew or should have known about the dangerous condition. This could be done through previous complaints and maintenance reports. |
| Failure to Act | Demonstrate that the property owner failed to take reasonable steps to address the hazard or warn guests about it. |
| Causation | Prove that the dangerous condition directly caused your slip and fall accident and resulting injuries. Medical records, expert testimony, and accident scene photos can help establish the link between the hazard and your injuries. |
| Damages | Document the actual damages you suffered due to the accident, including medical expenses, lost wages, pain and suffering, and any long-term impacts on your health and quality of life. |
Premise Liability Coverage and Compensation
In New York, the serious injury threshold is a legal concept that applies to personal injury cases involving motor vehicle accidents. It does not typically apply to slip and fall accidents on private property, such as Airbnb rentals.
However, in any personal injury case, including slip and fall accidents, the severity of the injury can impact the amount of compensation the victim may be entitled to receive. Generally, more serious injuries warrant higher compensation for medical expenses, lost wages, pain and suffering, and other damages.
Examples of serious injuries that may result from slip and fall accidents include:
- Fractures and broken bones
- Spinal cord injuries and paralysis
- Traumatic brain injuries
- Neck and back injuries
- Knee, ankle, and hip injuries
- Soft tissue injuries, such as sprains and tears
Need Compensation For Slip and Fall Injuries?
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Hosts and property owners generally have liability insurance coverages for such accidents, ensuring that accidents may be compensated to a certain extent. Some of the typical insurance coverages include:
- Homeowners' Insurance: Most homeowners' insurance policies provide liability coverage for accidents that occur on the property. This coverage may extend to Airbnb rentals, depending on the specific policy terms and the frequency of short-term rentals.
- Landlord Insurance: Property owners who regularly rent out their properties may have landlord insurance, which includes liability coverage for tenant injuries.
- Airbnb Host Protection Insurance: Airbnb provides Host Protection Insurance, which offers liability coverage of up to $1 million per occurrence for Airbnb hosts in the event of a guest injury.
- Umbrella Policy: Some property owners may have an umbrella policy, which provides additional liability coverage above and beyond their homeowners' or landlord's insurance limits.
Speak to a Personal Injury Lawyer Today
At the Porter Law Group, our team of proven personal injury lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one is a personal injury victim, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
