Vacation rentals through platforms like Airbnb and VRBO promise memorable experiences, but what happens when an injury disrupts your stay? Most people probably aren’t considering the possibility of seeking compensation for an injury while vacation planning, but accidents (and negligence) can happen any time. Both property owners and the platforms have legal protections that could impact your ability to receive compensation.
Property Owner Liability and Insurance Issues
Property owners who use platforms like Airbnb and VRBO to list rentals are required to maintain their properties in safe conditions. This includes conducting necessary repairs and warning guests about any potential dangers. If a property owner fails to perform appropriate duty of care, and a guest is injured, the owner may be held liable for those injuries.
However, Airbnb and VRBO both offer insurance policies to their hosts that cover liability claims up to certain amounts—Airbnb’s Host Protection Insurance and VRBO’s protection through Generali Global Assistance. These policies are designed to shield hosts from financial losses if a guest gets hurt during their stay and decides to file a claim. It’s important to note that these policies have limitations and do not cover all types of injuries or accidents, such as those resulting from intentional acts or inherently dangerous conditions that the host failed to address.
Contractual Protections and State Laws
When booking a stay, guests typically agree to the terms and conditions set by the platform, which might include clauses that release the hosts and the platforms from certain liabilities. The effectiveness of these clauses can vary significantly especially in places that have particularly strong stances regarding a property owner’s duty of care. Some states have robust consumer protection laws that could make these liability waivers less enforceable, especially if they are deemed to unfairly restrict a guest’s rights.
The principle of comparative fault may also come into play. This means if the guest’s actions contributed to the accident, their compensation could be reduced. This highlights the importance of understanding both the terms of your rental agreement and the local jurisdiction that will influence your case.
Getting Legal Backup
Claiming compensation for injuries sustained at vacation rentals is challenging. Negligence is proven by providing a clear demonstration that the property owner’s failure to maintain safe conditions directly led to the injury. Additionally, the claims process through Airbnb or VRBO’s insurance policies are even more complicated than traditional insurance and typically necessitates professional legal interpretation. Disputes over liability and the extent of what the insurance actually covers also complicates matters.
If you’ve experienced an injury at an Airbnb or VRBO property, know that your rights are valid, and pursuing fair compensation is achievable. No one is more dedicated to helping individuals like you than the team at Robin Frazer Clark, P.C. We want to see you receive the highest possible payout for your claim. Schedule a consultation today by calling (404) 873.3700 to take the first step toward securing compensation and getting the justice you deserve.