Whether you’re on vacation or staying for business, a hotel or Airbnb should provide a safe environment for guests. However, accidents can happen, and injuries at these properties can occur due to the property owner’s negligence. If you’ve been injured at a hotel or Airbnb in New York, understanding premises liability laws is crucial to protecting your rights and pursuing the compensation you deserve.
In this blog, we’ll explain what premises liability is, how it applies to hotel and Airbnb injuries, and the legal steps you should take if you’re injured during your stay.
1. What Is Premises Liability?
Premises liability refers to the legal responsibility that property owners and operators have to keep their premises safe for visitors. In New York, property owners are required to maintain safe conditions and warn of any hazards that may pose a risk to guests.
If a property owner fails to uphold these duties and someone is injured as a result, the injured party may be able to file a personal injury claim for damages. This includes injuries that occur in hotels, motels, and short-term rental properties like Airbnb.
2. Common Types of Injuries at Hotels and Airbnbs
Injuries that occur in hotels or Airbnb properties can range from minor to severe and may include:
- Slip and fall accidents: Wet floors, uneven surfaces, or poor lighting can lead to slip and fall accidents in common areas, bathrooms, or even inside your hotel room.
- Swimming pool accidents: Inadequate maintenance, lack of proper safety equipment, or failure to supervise pool areas can result in drownings or near-drownings.
- Bed bugs or infestations: Failure to properly maintain the property may lead to infestations, causing bites, infections, or allergic reactions.
- Fire hazards: If a hotel or Airbnb doesn’t meet fire safety regulations, injuries from fires, smoke inhalation, or burns can occur.
- Negligent security: Inadequate security measures in or around the property, like broken locks or insufficient lighting, can lead to criminal incidents such as theft, assault, or robbery.
If you’ve been injured due to any of these hazards or others, you may have a premises liability claim against the property owner.
3. What You Need to Prove in a Premises Liability Case
To succeed in a premises liability case, you must demonstrate that:
- The property owner was negligent: You must show that the hotel or Airbnb owner failed to maintain a safe environment or address known hazards. For example, they may have known about a wet floor but failed to put up a warning sign.
- The injury occurred due to that negligence: You must show that the injury occurred as a direct result of the property owner’s failure to maintain the property safely. This means the hazard must have been the proximate cause of the injury.
- You suffered damages: You must prove that you experienced measurable damages, such as medical bills, lost wages, or pain and suffering, due to the injury.
For example, if you slipped on a wet floor in a hotel lobby and broke your leg, you would need to demonstrate that the hotel knew or should have known about the spill and failed to address it appropriately.
4. What to Do If You’re Injured at a Hotel or Airbnb
If you’re injured at a hotel or Airbnb in New York, it’s important to take immediate steps to protect your rights:
- Seek medical attention immediately to ensure your injuries are properly treated and documented.
- Report the injury to the property owner, manager, or host. Be sure to request an incident report and keep a copy for your records.
- Gather evidence: Take photos of the hazard that caused your injury, such as a wet floor, damaged furniture, or lack of security. Collect witness statements and their contact information.
- Preserve your clothing and belongings: If your injury occurred because of a hazard, do not throw away any items that may be useful as evidence (e.g., torn clothing, damaged items, etc.).
- Avoid admitting fault or making statements to insurance adjusters that could hurt your case. Anything you say can be used against you later.
5. When Is the Property Owner Liable?
The property owner or manager may be liable for your injuries if:
- They knew or should have known about the hazard and failed to fix it.
- They failed to provide proper warnings about a danger, such as wet floors or faulty equipment.
- The property was not maintained in a reasonably safe condition, leading to accidents.
- They failed to properly supervise or secure the property, especially if criminal acts occur due to inadequate security measures.
In cases involving short-term rentals like Airbnb, the host may also be responsible for maintaining the property and ensuring it is safe for guests. However, liability can depend on whether the host is operating as a business or as an individual, and whether they took reasonable steps to prevent hazards.
6. Can You Sue for Injuries at an Airbnb?
Yes, you can pursue a premises liability claim for injuries sustained at an Airbnb. Airbnb hosts are responsible for ensuring their property is safe and properly maintained. If the host fails to meet safety standards, such as not providing adequate lighting, fixing broken locks, or addressing hazards like wet floors, you may be able to hold them accountable for any injuries that occur.
Airbnb also provides a Host Guarantee, which may offer some protection for guests. However, in serious cases, you may need to pursue a claim directly against the host’s insurance or file a lawsuit to recover your damages.
7. Understanding Your Rights and Compensation
If you’ve been injured at a hotel or Airbnb, you may be entitled to compensation for:
- Medical expenses: This includes both immediate and future medical care related to your injury.
- Lost wages: If you’re unable to work due to the injury, you may recover lost income.
- Pain and suffering: You may be entitled to compensation for the physical and emotional distress caused by your injury.
- Property damage: If your belongings were damaged during the accident, you may be able to seek compensation.
- Punitive damages: In certain cases, where the property owner’s actions were egregious, you may be entitled to punitive damages designed to punish the wrongdoer.
8. Statute of Limitations for Premises Liability Claims in New York
In New York, you typically have three years from the date of the injury to file a premises liability lawsuit. However, if you were injured in a hotel or on Airbnb property that is owned by a government entity or public agency, the timeline for filing may be shorter, and you may need to file a Notice of Claim within 90 days.
It’s important to consult with a lawyer as soon as possible to ensure you don’t miss any important deadlines.
9. Why You Should Consult a Premises Liability Attorney
If you’ve been injured at a hotel or Airbnb, it’s crucial to consult with a skilled premises liability attorney. A lawyer can help you:
- Investigate the cause of the injury and gather evidence.
- Determine who is liable for your injury.
- Negotiate with the property owner’s insurance company to seek fair compensation.
- Represent you in court if necessary.
Conclusion
Injuries at hotels or Airbnb properties can be traumatic, but understanding your legal rights can help you recover the compensation you deserve. If you’ve been injured due to a property owner’s negligence, contact Alan Ripka & Associates for a free consultation. Our experienced team will help you navigate the complex process of filing a premises liability claim and ensure you receive the maximum compensation for your injuries.
