Maison Law’s Bakersfield premises liability lawyers can help you if you’ve been injured at a rental property you booked through Airbnb or Vrbo. These companies are incredibly popular, providing you with a more home-like experience when you visit a city or area. However, there can be unsafe conditions that lead to accidents and injuries. If you want to learn more about your options in this situation, contact us today for a free consultation.
Do You Need a Lawyer?
If you’re injured in an Airbnb or a Vrbo incident, it can be pretty confusing. Not only do you have legal questions to answer, but there’s also dealing with your actual physical and emotional recovery. While not required, working with our experienced Bakersfield premises liability lawyers can help you through this process. Our approach to these cases involves:
- Explaining your rights and options
- Helping you gather evidence
- Negotiating with insurance companies
- Making the process easier for you
Hopefully, your injuries are minor and won’t require legal action, but if they aren’t, you can trust our team’s guidance.
Who’s Liable For an Airbnb or Vrbo Accident in Bakersfield?
Although it’s different from a hotel, an Airbnb or Vrbo rental operates in much the same way as one. This includes liability issues when you get hurt there. One of the most frustrating aspects of these types of accidents is that it was likely preventable. This falls under California’s “premises liability” laws, which require property owners to take reasonable steps to keep guests and others safe on their property.
So, when you’re hurt at an Airbnb or Vrbo, the actual owner of the property you’re staying at is going to carry most of the liability for your injuries. This can either be the homeowner or property management company, but they have the overriding responsibility to keep you safe during your stay.
That said, there’s a number of other potentially liable parties in these situations:
- Airbnb or Vrbo – While Airbnb and Vrbo usually avoids responsibility for accidents, they could be liable if they knew about safety issues and didn’t act or they failed to properly vet hosts.
- Property manager – If the property owner hired a manager to oversee the property, the manager might be liable for not maintaining it properly or ignoring known hazards.
- Maintenance companies – Companies hired for maintenance or repairs could be liable if their poor work contributed to the accident.
- Product manufacturers – If a malfunctioning appliance or piece of furniture caused the accident, the manufacturer could be responsible.
- Guests – Other guests might be liable if their actions directly caused the accident or injury.
What types of accidents and injuries can happen to you?
For as comfortable and convenient as an Airbnb or Vrbo can be, this disappears when there’s an accident that leaves you injured. Worse, there’s a number of different things that can happen to you at these places, like:
- Slippery floors causing slip and fall incidents
- Swimming pool accidents
- Security lapses
- Electrical hazards
- Improperly prepared food
- Poor maintenance
- Damaged flooring or stairs
These potential accidents often result in injuries such as:
- Fractures or broken bones
- Muscle sprains
- Cuts and bruises
- Burns
- Theft or assault risks
- Food poisoning
- Drowning or near-drowning incidents in swimming pools
Given that such injury risks are present at many Airbnb or Vrbo rentals, it’s in your best interest to be prepared. But it’s also important to know how to respond so you can strengthen your potential claim.
How Can You Strengthen Your Injury Claim After an Airbnb or Vrbo Accident?
When you’re hurt at your Airbnb or Vrbo rental, it’s quite scary. You’re probably expecting to have a relaxing, fun time. Then, there’s the confusion that sets in. It’s not like it is at a hotel, where you can call the front desk and get help. Thus, in these situations, you need to know how to respond so you can protect your health and your potential claim. Here’s how you can strengthen it:
- Report the accident and get medical care – Seek medical attention right away if you’re hurt and tell the property owner or manager about the accident. The Airbnb or Vrbo app may have their information, but if not, you can call their customer service or use a live chat function to get it. Immediate care protects your well-being and telling the host helps them take preventive measures.
- Get evidence – Write down what happened and take pictures or videos of anything that caused the accident or any hazards you noticed. Also, get contact information from any witnesses. This can be crucial if you need to prove what happened later.
- Keep records – Keep records of any financial losses due to the accident, including medical bills and receipts for medications. This helps you understand the compensation you might need for recovery.
These steps are essential for both your legal and physical recovery. The actions you take after the accident can significantly impact the outcome of your claim.
What Damages Can You Get in a Claim Against an Airbnb or Vrbo?
Once you’re able to get your health taken care of, you can start thinking about your legal options. Your main option is to file an injury claim to recover damages from whoever is responsible for causing the accident. And specifically, you can file your injury claim in one of two ways: an insurance claim or a personal injury lawsuit:
- Filing an insurance claim – Usually, you’ll start by filing an insurance claim with the Airbnb or Vrbo owner’s liability insurance carrier. This isn’t a formal court action, so it’s totally under the company’s control. They will investigate the incident and may offer a settlement. Their ultimate goal, though, is to pay as little as possible to save money.
- Filing a personal injury lawsuit – If the insurance settlement offered isn’t enough, our team helps you in filing a personal injury lawsuit. This involves preparing a Complaint and bringing it against the responsible party (or parties) in civil court.
Deciding whether to accept an insurance offer is entirely your choice. Sometimes, pursuing a lawsuit is necessary to make sure all your losses are covered financially. These losses can include:
- Medical expenses – These damages cover costs of medical treatment, including ongoing care needs.
- Lost wages – These cover any income lost due to the accident, including future earning potential.
- Permanent injuries – If you’re permanently injured, you can recover financial support for reduced earning capacity caused by your long-term injuries.
- Property damage – These damages cover the repair or replacement costs of damaged personal belongings.
- Loss of enjoyment of life and companionship – These damages cover the inability to participate in activities or spend time with loved ones due to the injury.
- Pain and suffering – These cover the immediate and long-term discomfort and anguish from the injury.
- Emotional distress – These damages are similar to pain and suffering, but are for the psychological impacts like stress, anxiety, or diminished happiness resulting from the injury.
While the process varies by case, it’s crucial to act promptly due to California’s statute of limitations, typically two years from the accident date. Missing this deadline can prevent you from filing a claim and recovering damages.
Contact Maison Law After a Bakersfield Airbnb or Vrbo Accident
When you rent an Airbnb or Vrbo, you’re expecting a relaxing, comfortable stay. You don’t expect to have to deal with injuries that come about because of unsafe conditions or other negligence from the owner. At Maison Law, we can help you through this confusing situation. We’ll answer any questions you have and make sure you have what you need to put together a strong claim for damages. To get started, contact us today for a free consultation.
