AirBNB in Southern California is very interesting. You can rent homes in Long Beach or small rooms in LA. Prices range from around $80 and you can drop $2,000 a night on a party house which allows dogs and has swimming pools and hot tubs. There are places for rent in Pasadena, Santa Monica, Hollywood, DTLA, Beverly Hills, Santa Ana and everywhere in between. Homeowners and even renters sometimes rent out their place on AirBNB to make some extra cash on the properties. It is sort of like Uber for houses. Most stays at AirBNBs go off without a hitch, especially if you rent from a highly rated and verified host. But, accidents do happen, sometimes when they could have been easily prevented.
If you have been injured at an AirBNB rental, contact us today for a free consultation. We are experienced premises liability attorneys and will provide you with a free consultation and case evaluation.
Can I sue AirBNB for injuries at a rental?
There’s nothing sophisticated about the business plan at Airbnb. You can look for a room, apartment or house in another city, or you can rent any of those out to users who will be traveling to your city. What can come to issue is if you’re injured by a hidden defect or other danger on or about the property. That’s when the law of premises liability takes control of the case. Any number of people or entities might be pointing their fingers at each other after you’re injured, and you’re left with no alternative but to sue everybody connected with the property. You might not get anywhere with that lawsuit either.
Premises liability and negligence
The law of premises liability is almost always governed by the law of negligence. To prove that a person or entity was negligent, the injured party must show that:
- A duty of care was owed to him or her
- There was a breach of that duty
- The breach of that duty caused the claimant’s injuries
- The claimant suffered legally recognized damages
Who will you point your finger at?
In the fault analysis of a premises liability case, California law examines three other elements. Those are:
- Ownership of the premises
- Who possessed it
- Who controlled it
The person or entity that sits on that tripod is more than likely the defendant that will be targeted to pin liability on. Establishing control is complicated and highly fact specific.
Breach of duty
If there are any hidden defects on the property, whoever is in control of it has a duty of ordinary care to maintain it in a reasonably safe condition, and give those coming onto the property sufficient warning to avoid any conditions that might harm them. An apparent breach of that duty might result in a judge or jury concluding that there was negligence.
Contact an attorney
As you can see, AirBNB injuries are complex matters. If you were injured because someone was negligent in maintaining their property, you may be able to be compensated for those injuries. If you had traveler’s insurance, you may be covered by that as well. An experienced injury lawyer will look at all possibilities if you have been injured. Feel free to contact us today.