Airbnbs have become incredibly popular in the Hudson Valley. There are thousands of Airbnbs already operating in our community, and more on the way. What happens when someone is injured in a slip and fall in a Kingston, NY Airbnb, and wants to recover damages?
If an injury occurs in a hotel, premises liability law is clear and well-established. Hotels have maintenance and cleaning routines and a duty to provide a safe environment to its customers. If an injury occurs in a privately-owned home, the homeowner had a duty to inform their visitors of dangerous conditions.
The problem with Airbnbs is that they aren’t quite hotels, and they aren’t quite private residences. They’re both and neither at the same time.
What does Airbnb cover in personal injury accidents?
Airbnb has something called Host Protection Insurance that covers up to $1M in liability claims, which is priced into their booking platform.
Host Protection Insurance covers:
Bodily Injuries: Any physical injury to a person, mild or severe, that occurs in an Airbnb listing.
Property Damage: Property in an Airbnb listing being destroyed, damaged, lost, or stolen.
Of course, not all injuries occurring on a property are the fault of the owner, but if the owner either creates or knowingly allows a hazard to exist without resolving it, they may be liable.
What does Airbnb not cover?
Damage or injury resulting from something done intentionally (not an accident)
Loss of income
Auto accidents, such as car accidents occurring on the premises
How to recover compensation
If you were a guest injured in an Airbnb, and you want to make sure you receive full compensation for your injuries, give us a call at 845-600-0000 to book a free consultation at our offices in Kingston, Poughkeepsie or Newburgh, NY.
In some cases, the cost of medical care, lost wages, and enjoyment of life may exceed the $1M that is offered by Airbnb’s Host Protection Insurance.
If that’s the case, the homeowner or landlord may be found liable if their negligence, known or unknown, contributed to the injury happening. If the host neglected to tell their guests about the uneven floors, unmarked or broken/wobbly steps, lack of handrails on staircases, inadequate lighting, bed bugs infestations or, if a painting crashes down and hits a guest in the head or if a chair collapses on the property and as a result the guest is injured then the host/homeowner could be found liable.
When trying to recover the full amount for your injuries, you would have to meet a burden of proof. If you’ve been injured in an accident at an Airbnb, the best thing to do is to take photos and videos of the scene of the accident. Save any email or text communication that you had with the host before the accident occurred, and obtain the contact information of any witnesses to the accident.
Here in New York, the statute of limitations to file a premises liability suit like this is generally three years. If you’re finding that you have mounting expenses a year after an accident, you can still begin the process to recover damages, but the longer you wait, the harder it is to collect evidence and prove negligence.