North Carolina is a popular vacation destination. People come from all over the country to explore Durham and the Triangle, visit the mountains, and enjoy the state’s beaches. Many visitors stay in an Airbnb or another short-term rental rather than a hotel.
Airbnb and short-term rentals offer the convenience and comfort of a home and competitive pricing. However, safety in an Airbnb depends on the diligence of the property owner. When an Airbnb owner is negligent, guests can get injured.
If you or a loved one suffered injuries in an Airbnb or short-term rental property in North Carolina, you could be eligible to file a personal injury claim seeking compensation for your losses.
Kreger Brodish LLP is an accomplished Durham, NC law firm with a history of winning substantial settlements and verdicts for our clients. Our attorneys place a premium on communication and customized representation for every client. Contact us today for a free consultation with a North Carolina personal injury lawyer.
Common Types of Injuries in Airbnb and Short-Term Rentals
Accidents at Airbnb and short-term rental properties often result from negligence on the property owner’s part.
Common Airbnb accident injuries include:
- Broken bones
- Soft-tissue injuries
- Cuts and lacerations
- Traumatic brain injury and concussion
- Burns and scalding
- Toxic exposure and allergens
- Drowning and near-drowning
- Bed bugs
Typical accidents leading to such injuries include:
- Slip-and-fall accidents
- Swimming pool and spa injuries
- Poorly maintained appliances
- Failure to provide adequate instructions for using appliances or other amenities
- Broken furniture
- Loose flooring
- Broken steps
- Poor lighting
- Failure to install and maintain smoke and carbon monoxide detectors
- Inadequate sanitation
The key to prevailing in a short-term rental injury claim is showing that a hazardous condition existed on the property and the property owner failed to address it in a timely or reasonable way, causing your injury. Consulting an experienced personal injury attorney can help you understand your rights after an accident at an Airbnb.
Understanding Liability in Short-Term Rental Accidents
Who compensates you for your losses after an accident at a short-term rental? Airbnb liability in personal injury cases does not work the way you might assume. You will likely file your short-term rental injury claim against the property owner, not Airbnb itself.
Who Can Be Held Liable?
When you stay in an Airbnb, the company acts as a broker to help you find a short-term rental and to assist the property owner in finding a renter. Airbnb doesn’t own the property, so the company generally isn’t liable for anything that happens there. Instead, the host is liable, although Airbnb’s host liability coverage may cover the accident.
Premises Liability and Duty of Care
Premises liability is a legal principle that holds property owners responsible for maintaining safe premises for anyone visiting their property. If the property owner does not satisfy their duty of care toward a guest, they are liable for any injuries the guest experiences as a result.
Premises liability law applies to property owners of all kinds, but North Carolina also imposes specific and clearly defined duties on short-term rental property owners. According to the North Carolina Vacation Rental Act, the property owner must:
- Comply with all building codes
- Comply with all elevator maintenance codes
- Make any repairs necessary to keep the property habitable
- Keep all common areas safe
- Maintain all electrical, plumbing, heating, ventilating, and sanitation systems
- Repair any appliances on receiving written notice that they are broken
- Provide working smoke detectors and carbon monoxide detectors
Property owners who violate these rules or otherwise fail in their duty of care toward guests are liable for their injuries.
Steps to Take Following an Injury in an Airbnb or Short-Term Rental
Follow these steps after an Airbnb or short-term rental accident in North Carolina:
- Seek medical care immediately. Airbnb advises accident victims to go somewhere safe and contact local emergency services.
- Take photos to document the hazard that caused your injury.
- Get contact information for any eyewitnesses to the accident.
- Report the accident to Airbnb.
- Report the incident to the property owner.
- Contact a North Carolina personal injury lawyer immediately.
Filing a Personal Injury Claim Against an Airbnb Host
Even though the property owner is the liable party in an Airbnb injury case, you will still file your personal injury claim with Airbnb because Airbnb provides host protection insurance to their property owners.
To file an Airbnb injury claim in North Carolina:
- Let Airbnb know about the accident within 10 days through their insurance intake form.
- Retain a North Carolina personal injury lawyer to represent you in negotiations with the insurance company.
- Provide your attorney with all the evidence you gathered about the accident, including photographs and medical records.
- The Airbnb claims handler will ask questions about the accident and your injuries. It is best to have your lawyer handle all communications with Airbnb so you avoid saying something that jeopardizes your case.
The process is largely the same if you use a short-term rental company other than Airbnb. Other short-term rental companies also provide liability insurance to their hosts.
The Role of Airbnb’s Insurance Policies in Personal Injury Claims
Airbnb’s liability insurance policy covers hosts who are found liable for:
- Injuries to a guest or anyone else
- Damage to a visitor’s property
- Theft of a visitor’s property
- Damage by a guest or another visitor to common areas
The policy does not cover intentional acts by the host. Some hosts carry liability insurance of their own to cover anything Airbnb doesn’t cover. If Airbnb’s insurance policy doesn’t cover your injury, the host can still be held liable.
Possible Compensation in Short-Term Rental Injury Claims
In a short-term rental injury claim, you can pursue financial compensation for:
- Past, current, and future medical bills
- Lost wages and other income
- Reduced earning potential
- Pain and suffering
- Mental anguish
- Disfigurement
The value of your claim depends on the severity of your injuries. If you have extensive and ongoing medical expenses or permanent disabilities, your compensation is likely to be much more substantial. Whatever your losses, you shouldn’t have to deal with them alone. You have the right to hold the property owner liable for their negligence.
In cases where the property owner’s actions were egregiously wrongful, North Carolina also allows the court to award punitive damages. Punitive damages are awarded to punish the property owner rather than to compensate the injured person for specific losses. These can be up to three times as much as the compensatory damages awarded by the court or $250,000, whichever is greater.
The Importance of Working with a Personal Injury Attorney
If you believe you have a valid rental property injury lawsuit, it’s vital to consult an experienced attorney. You can file a personal injury claim without a lawyer’s help, but handling the claims process without legal representation means you could receive much less compensation than you deserve. Personal injury attorneys know how to place a full and fair value on claims, and insurance companies are notorious for undervaluing claims.
Airbnb won’t want to compensate you for your injuries if it can find any way around it. The claims handler will likely argue that you are at least partly responsible for the accident if they think they can make a successful case. For example, they may ask leading questions to get you to admit fault. A personal injury attorney familiar with these tactics can handle settlement negotiations for you and counter unfair claims from insurers.
At Kreger Brodish LLP, we provide comprehensive legal representation from start to finish. Our legal team will conduct the investigation and gather all the evidence needed to prove that the property owner in your Airbnb or short-term rental case should be held liable for your accident. By managing all talks with the insurance company, we can relieve your burdens and negotiate from a position of strength to demand maximum compensation. And if Airbnb doesn’t want to offer a fair settlement, we won’t hesitate to take your case to court and fight for the money you deserve.
The North Carolina statute of limitations gives you three years to file a personal injury lawsuit. Give your lawyer enough time to work by getting in touch as soon as possible.
Contact Our North Carolina Personal Injury Lawyers for Help
Whether you were hurt in a slip-and-fall accident, burned by a malfunctioning appliance, or injured by a collapsing piece of furniture, you shouldn’t have to struggle with bills and lost wages after an accident at an Airbnb or short-term rental.
Kreger Brodish LLP is a proven Durham, NC personal injury law firm. We strive to be the most communicative personal injury lawyers you will find anywhere. When you hire us, you’ll never wonder what’s happening with your case. We’ll keep you updated while we fight to win the compensation you deserve.
With over 150 five-star Google reviews and numerous six-figure settlements and verdicts recovered for our clients, you can rely on our personal injury attorneys to deliver top-quality representation in your darkest hours. Call or contact us today for your free case evaluation.
