If you have been injured while staying at a short-term rental, an Airbnb injury lawyer can assist you with understanding your rights. Although Airbnb hosts are not considered traditional landlords, they still have a duty to ensure their properties are safe for guests. If this duty is compromised due to negligence, such as inadequate maintenance, violations of building codes, or failing to inform guests about known dangers, the host may be held financially liable for injuries and losses you incur.
If you’ve been hurt, an Airbnb injury lawyer can guide you through the challenges of premises liability law. Contact Chute, O’Malley, Knobloch & Turcy, LLC at 312-775-0042 for assistance.
What Are Your Legal Rights After an Airbnb Injury in Illinois?
In Illinois, when you pay to stay at a place, the owner is legally responsible for your safety. This responsibility falls under a legal framework known as premises liability. If you sustain an Illinois Airbnb injury, you have the right to seek compensation.
Right to a Safe Environment
Your Airbnb guest rights include the expectation that the property owner or manager has taken reasonable steps to prevent foreseeable accidents. Hosts must address known issues and also inspect for hidden dangers and comply with local safety regulations. To enhance safety compliance, in 2021 Airbnb announced that it had provided more than 750,000 smoke and carbon monoxide alarms to hosts worldwide as part of its Free Alarm Program.
Right to Compensation
In Illinois, you are entitled to claim compensation for your injuries. Damages from a host’s negligence are classified into two categories:
Economic Damages
These are measurable losses backed by evidence such as bills or receipts. They include past and future medical costs (like hospital bills and rehabilitation), lost wages during recovery, and loss of future income if the injury leads to long-term disability. Out-of-pocket expenses, such as travel for medical care and necessary home adjustments, also fall into this category.
Non-Economic Damages
These reflect the intangible impacts on your life, like physical pain and suffering, emotional distress (including anxiety or depression), and the loss of enjoyment in activities you used to cherish.
To succeed in your claim, you need to demonstrate that the host’s negligence caused your injury. For instance, if you trip over a known hazard they failed to address, that strengthens your case. Be aware that the host’s insurer may try to blame you, making it crucial to have a premises liability lawyer to protect your rights.
Who Can Be Held Liable for Injuries at an Illinois Airbnb Property?
In Illinois, if you are injured at an Airbnb, the host is usually held liable for tenant injuries. However, Airbnb could be held liable if it neglects to address prior complaints about a listing or permits an unsuitable host to use its platform. Determining fault can be complicated, as multiple parties might share responsibility. It’s essential to conduct a prompt investigation to identify whether the host, a management company, or an outside contractor is at fault for the injury.
The Airbnb Host or Property Owner
The host is typically the main focus in a premises liability case. They hold responsibility for maintaining the property and ensuring it is safe for visitors. This involves addressing known hazards, such as broken railings or poorly lit staircases, and inspecting the area for hidden dangers. Additionally, hosts must inform guests about risks that can’t be fixed right away. Their accountability also includes any violations of building codes that could result in injury, like improperly installed smoke detectors or unauthorized modifications.
The Property Management Company
If a host hires a management company for their property, the company could be liable for injuries caused by negligence. For instance, if they neglect to remove ice and snow from a walkway as per their contract, leading to a slip and fall, they may face legal action.
Third-Party Vendors
Liability can also apply to outside contractors. For instance, an electrician’s improper wiring could lead to an electrical fire, a company’s faulty deck railing could collapse, or a cleaning service’s failure to dry a floor could cause someone to slip. In each case, the vendor’s negligence creates a hazardous situation.
Airbnb Liability
The contract between hosts and Airbnb largely shields the company from liability. Airbnb functions as a broker, connecting hosts with guests. However, they could be liable for failing to warn users about known dangers at a property or not removing dangerous listings. They might also share responsibility if they permit unsafe properties or misrepresent a property’s safety in their marketing.
How Does Airbnb’s Host Protection Insurance Work for Injured Guests?
In cases where an Airbnb host is liable, claimants usually file against the host’s Host Protection Insurance, which in Chicago must have at least $1,000,000 in coverage. This insurance protects hosts if a guest is injured on the property, covering bodily injury claims and legal costs, but only if the host is found legally responsible. To succeed, a guest in Illinois must prove negligence, often by documenting hazards and the host’s knowledge of them. Claims are submitted via Airbnb’s intake form and processed through a third-party insurer.
The insurance policy features key exclusions that your lawyer needs to know about. Typically, it does not cover injuries related to:
- Intentional Actions: Injuries resulting from deliberate actions by the host or guest are not covered.
- Specific Communicable Diseases: Most policies include provisions concerning the transmission of certain diseases.
- Motor Vehicle Incidents: Accidents involving cars, boats, or other vehicles are not covered and must be addressed through separate auto or marine insurance policies.
- Mold or Pollution Issues: Coverage may be limited or entirely excluded for injuries linked to mold or specific pollutants.
Filing a claim against a host’s liability insurance can be challenging. Insurance adjusters often aim to reduce payouts or deny claims, arguing that hazards were “open and obvious” or that you share some fault for your injuries. Under Illinois’s Modified Comparative Negligence rule, if you’re found 51% or more at fault, you can’t recover damages; if less than 50%, your compensation is reduced proportionally. This challenge underscores the importance of having legal representation to strengthen your case.
If you’ve been injured at an Airbnb, an experienced lawyer can help you understand your rights, evaluate your case, and navigate the legal process involving the host’s liability, including preparing to go to trial if a fair settlement cannot be reached. Contact us at Chute, O’Malley, Knobloch & Turcy, LLC for support.
Frequently Asked Questions
What should I do if I’m injured while staying at an Airbnb in Illinois?
You should seek immediate medical attention for your injuries. Document the scene with photos, report the accident to the host through the Airbnb app, gather witness contact information, and consult an attorney before speaking with insurance adjusters.
Can I file a claim against an Airbnb host for unsafe conditions?
If the host was negligent by failing to fix or warn you about known hazards, like broken stairs or poor lighting, and that negligence caused your injury, you can file a premises liability claim.
Does Airbnb insurance cover medical bills for injured guests?
Airbnb’s Host Protection Insurance covers the host’s legal liability, not your personal medical bills. It only pays damages if you can prove the host was legally responsible for your injury.
