Can I Sue an Airbnb Host for Injury in Westchester County?

Anytime you are hurt on another person’s property because of their negligence, you can file an injury lawsuit in Westchester County. This pertains to you if you were injured as a guest of an Airbnb.

In the event that you were hurt because of negligence while staying in an Airbnb, you can sue the host for injury. As the property owner, the host owes you a duty of care to ensure their Airbnb is reasonably safe and free from hazards. Broken floorboards, leaky ceilings, and other dangers might lead to various accidents, including slip and falls. The deadline to sue an Airbnb host for injury in Westchester County is three years. If you plan on filing a lawsuit, inform the host of the accident immediately after it takes place, collect any available evidence of negligence at the scene, and get your injuries diagnosed as soon as possible.

You can call the Westchester County personal injury lawyers of The Martello Law Firm, PLLC at (914) 685-6950 to schedule a free case assessment.

Can You Sue an Airbnb Host for Injury in Westchester County?

If, during your stay at an Airbnb, you are injured because of the property owner’s negligence, you may be able to sue for injury. Airbnb also provides host liability insurance in the event of an accident.

Property owners are responsible for ensuring their properties are reasonably safe for guests. This duty of care extends to Airbnb hosts. Homeowners must address hazards, such as broken floorboards or handrails, so that visitors, including Airbnb guests, are not unnecessarily exposed to dangers. This means that if you were hurt while staying at an Airbnb, and the cause of your injuries was the host’s negligence or poor maintenance of the property, you can likely sue for injury in Westchester County.

Airbnb’s host liability insurance covers costs for which a host is legally liable for related to bodily injury to a guest, damage to a guest’s property, and theft of a guest’s property, up to $1 million. Host liability insurance does not cover damages related to intentional acts. This does not mean that your total compensation will be limited to Airbnb’s host liability insurance limits. You may be able to recover additional damages, such as compensation for medical expenses in excess of $1 million, other economic damages, and non-economic damages. Your injury lawsuit will be against the Airbnb host whose negligence caused your injuries, not Airbnb, the company.

Deadline to Sue an Airbnb Host for Injury in Westchester County

Like all injury claims, lawsuits against Airbnb hosts must be brought within a specific timeframe in Westchester County. Missing the deadline to sue will likely jeopardize your recovery.

The general statute of limitations for personal injury lawsuits, including premises liability claims, is three years in Westchester County. Because tolling for delayed discovery does not often apply to these cases, assume that you will have three years from the date of the accident in the Airbnb to sue the host for injury.

This deadline is strictly enforced by the court. Any claims brought past the statute of limitations will likely be thrown out. Furthermore, waiting to file, even if you do so within the allotted period, may not be wise. The longer you wait to initiate your case, the longer you are without compensation for your injuries. This can make it seem as though you are not committed to your financial recovery or that you are not in need of immediate compensation.

What to Do if You Want to Sue an Airbnb Host for Injury in Westchester County

If you were recently injured during a stay at an Airbnb in Westchester County, there are several things you should do to protect your access to recovery and strengthen your future claim against the negligent host. These include reporting the accident to the host, collecting evidence at the scene, and getting your injuries diagnosed by medical professionals.

Inform the Host of the Accident

Documenting an accident is always important. You will need to inform the Airbnb host, in writing, of the incident as soon as it takes place. Our White Plains personal injury lawyers can help you explain exactly what happened and the cause of your injuries. If you wait to inform the host of the incident on their property, it might be harder to prove that the accident took place. If you require the assistance of emergency medical professionals, call 911. Doing this can further document the accident and strengthen your compensation claim.

Collect Evidence at the Scene

Once you leave the Airbnb to go to the hospital, you cannot be sure that the host will let you return to the accident site. Because of this, it will be important to document the hazard or obstruction that caused your injuries before you leave. Take photos of the leak that caused you to slip or the divot in the floor that caused you to fall. Take pictures of the entire area and the fallout of the accident, including your injuries. Doing this can allow you to have evidence that might otherwise become lost or inaccessible.

Get Your Injuries Diagnosed

Finally, you will need to build medical evidence of the injuries you sustained as an Airbnb guest in Westchester County. You can do this by going to the hospital. Do not wait to get your injuries assessed by medical professionals. If you are advised to get specific care or treatment from specialists, do so. Failing to follow all necessary aspects of your treatment plan might harm your compensation claim. Medical evidence can help us prove certain parts of your case and aid in your recovery of compensation for pain and suffering. As you receive invoices during the course of your treatment, give them to our attorneys so that we can calculate your economic damages.