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Airbnb Injury Attorney in Boston

Airbnb and other home rentals continue to rise in popularity as travelers choose rental houses over hotels, motels, and more traditional overnight lodgings. Airbnb rentals are perfect for vacationers, traveling workers, and even sports fanatics looking to get close to the action.

However, a stay at an Airbnb property can quickly turn into a nightmare when you or another guest sustains a severe injury during your stay.

Depending on the facts about the premises liability injury, you may be entitled to compensation from the Airbnb host, Airbnb itself, and other negligent parties.

Jeffrey Glassman Injury Lawyers is actively investigating Airbnb accident claims. Our Airbnb injury attorneys can explain your rights under the law and tell you whether you have a viable claim. If so, we can help you build a case against all at-fault parties and collect compensation for your medical bills, pain and suffering, and more.

Our law firm offers no-cost legal consultations and accepts cases under a contingency fee arrangement. As a result, there are no fees until we win your case and recover money for you. We have the resources to go head-to-head with Airbnb and its legal team.

Common Airbnb Rental Accidents and Injuries

In 2007, Airbnb launched as "Airbed and Breakfast" with a single rental. It has grown to nearly six million active listings worldwide and approximately 150 million users. To date, more than one billion travelers have stayed at Airbnb.

About 100,000 million cities have active Airbnb listings, including Boston, Cambridge, Brookline, and Lexington. A quick search of Boston turned up more than 300 active properties, including single rooms, apartment units, townhomes, and single-family houses. Rentals near Fenway Park and Boston Common are extremely popular.

Airbnb has made headlines in recent months after reports of accidents and injuries allegedly taking place on the rental properties, these have included:

Hotels, motels, and resorts typically conduct inspections and perform routine maintenance to ensure that their premises are safe for guests. They also have staff like lifeguards and security guards who keep the premises safe. That is not usually the case with peer-to-peer rental accommodations. Although all Airbnb hosts should inspect their properties for any hazards and make repairs as needed, some neglect to do this, thinking nothing bad will happen. Even though Airbnb hosts rent out their homes, it is still a business, and they must take care to protect their guests.

One recent study reported that almost 75% of Airbnb guest complaints involve customer service problems while only 6% involve unsafe conditions, such as pest infestations, dangerous mold, and electrical and fire hazards.

Another study reported that many Airbnb properties lack essential fire safety devices, including smoke detectors, carbon monoxide detectors, fire extinguishers, and first-aid kits. These devices prevent minor accidents from turning into catastrophic ones.

Even though Airbnb hosts can claim that their properties have smoke and carbon monoxide detectors and are safe, this may not be true. This is because Internet-based Airbnb does not inspect homes to ensure they are safe and have required safety fixtures.

Airbnb says on its website that it "encourages" hosts to install smoke and carbon monoxide detectors but does not require confirmation that they have been installed. The company also says it provides combination smoke and carbon monoxide detectors to eligible hosts free of charge.

Generally speaking, premises liability laws determine whether the property owner is negligent and liable for an Airbnb accident injury. The bottom line is that the property owner and Airbnb could be held liable if you can establish that their negligence caused your injury and damages.

The same goes for other home rental companies, such as HomeAway, Vrbo (Vacation Rentals by Owner), Booking.com, Expedia, TripAdvisor, and FlipKey.

Proving Liability in an Airbnb Rental Injury Case

After suffering an injury at an Airbnb vacation rental, an accident victim may be able to file a claim against the Airbnb host or Airbnb itself. Through host protection insurance, called "AirCover," Airbnb provides $1 million in liability insurance for guest injury claims. (Although the host will likely have insurance through a homeowners policy, that policy may not cover commercial rentals.)

Do not be surprised if Airbnb's lawyers try to blame you for the accident or undervalue your damages. Your best bet to maximize any compensation to which you are entitled is to partner with a skilled personal injury attorney.

An attorney will investigate your case and, if needed, work with experts to prove that your injury was caused by negligence and that you are entitled to the maximum compensation allowed by the law. That means that you will need to show that the Airbnb host did not use "reasonable care" in maintaining the property.

Some factors that will affect a finding of liability include whether the host:

  • Knew or should have known of the dangerous condition on the property.
  • Inspected or checked the property for hazards regularly.
  • Warned of the danger.

In addition, an attorney can negotiate with any insurance companies on your behalf. Accident victims who deal with insurance companies on their own run the risk of accepting low settlement offers.

You can access Airbnb's insurance intake form here. In general, the form requests basic information, including the date of the accident and a short description of what happened.

I Was Hurt in an Airbnb Rental Property Accident. What Should I Do?

You can help your case by taking these actions:

  • Obtain prompt medical treatment after the accident to document your injuries. This links your injuries to your stay at the Airbnb. Tell the doctor how and where the accident occurred so that it is part of your medical record.
  • Take photos of your injuries.
  • Take photos (and videos) at the scene of the accident. You may have limited time to take pictures of the accident-causing hazard, so do so when you are able. Your host, a maintenance company, or cleaning service could clean up a spill or another slip-and-fall danger, or repair a broken step. You want to take photos from various angles and show the lighting at the time of the accident.
  • Look for any security cameras that might have recorded the incident.
  • Notify the property owner of your accident and injuries.
  • Obtain contact information for any witnesses, including other guests staying at the same rental property, and neighbors who may know about the hazard.

Reach out to an experienced personal injury attorney as soon as possible.

Airbnb Safety Tips for Hosts and Guests

Airbnb recommends that hosts take these steps to keep their properties safe and accident-free:

  • Install a smoke alarm on each house level and outside sleeping areas. Test them and replace the batteries at least once a year or as required.
  • Install a carbon monoxide detector in the hall next to sleeping areas and test the alarm every month.
  • Make certain that all appliances are installed according to the manufacturer's instructions and in compliance with applicable building codes.
  • Have professionals inspect and service heating systems, chimneys, and vents for blockages and other damage.
  • Create an emergency plan that is easily accessible to all of your guests. Include contact information for police, fire, and other emergency personnel.

As for guests, they should check reviews posted on the Airbnb website and ask questions before booking a rental. They should also verify that the neighborhood is safe.

In addition, it is a good idea to perform a safety check once you arrive at your Airbnb. Look for the host's emergency and safety information, and identify the emergency exits. Look for smoke alarms and secure locks on windows and doors.

Contact the host or Airbnb if you do not feel safe. Airbnb may accommodate you and place you in another rental nearby. Regardless, do not stay at the Airbnb if you feel that you are in danger. As they say, it is always better to be safe than sorry. The safety and health of your family is not something that you want to risk under any circumstances.

If you or a family member were hurt while staying at an Airbnb or another rental property, contact the personal injury attorneys at Jeffrey Glassman Injury Lawyers LLC at (617) 777-7777 or fill out our electronic form.


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