When you check into a hotel or an Airbnb, you don’t really expect to suffer an injury during your stay. Unfortunately, accidents happen more often than many people realize, be it in the form of a slip and fall on a wet lobby floor, a tumble-down broken stairs, or a burn from a faulty shower valve. What helps is that you might be able to file a hotel or Airbnb claim to seek compensation for your damages.
If you suffer injury at a hotel/Airbnb, start by knowing that navigating liability in New York involves distinct legal rules depending on whether you were hurt on commercial hotel property or inside a private home rented through a short-term hosting platform like Airbnb. In addition, you must also consider getting in touch with a hotel injury lawyer in NY soon after the incident.
What Should I Do After a Hotel Accident?
The steps you take immediately after an accident play an important role in strengthening your Airbnb/hotel injury claim. Remember that taking swift action helps preserve crucial evidence before property managers or hosts clean up the site or overwrite security footage.
- Seek immediate medical attention. Visit an urgent care center or emergency room right away. While this is crucial for your health, medical records serve as key evidence connecting your injuries directly to the incident.
- Report the incident immediately. If injured at an Airbnb, report the injury directly through the Airbnb app to create a timestamped paper trail. Do not keep the conversation solely on text messages or phone calls. If the accident occurs at a hotel, inform the front desk or general manager without delay. Request that they file an official incident report, and ask for a physical copy before leaving the building.
- Document the hazard thoroughly. Take photos and videos of the exact hazard that caused your injury, be it a torn carpet, missing handrail, puddle without a warning sign, or poor lighting. Capture wide shots of the scene alongside close-ups.
- Gather witness contact details. Collect names, phone numbers, and email addresses from fellow guests, bystanders, or staff members who saw the incident or the hazardous condition.
- Decline early settlement offers or recorded statements. Insurance adjusters for hotels and Airbnb’s third-party claims administrators may contact you soon after your accident. In this case, don’t give recorded statements or accept cash settlements. Instead, consult a New York hotel accident attorney or lawyer at the earliest.
Can You Sue a Hotel for an Injury?
The short answer is yes. This is because hotels, Airbnb hosts, property owners, management companies, and other responsible parties have a legal duty to maintain reasonably safe premises for guests. When they fail to address hazardous conditions or warn visitors about known dangers, it might be possible to hold them liable for resultant injuries.
However, not every accident automatically leads to a valid hotel negligence lawsuit. To recover compensation, an injured guest typically must show that:
- A dangerous condition existed.
- The property owner or operator knew or should have known about the hazard.
- They did not take reasonable steps to fix the problem or warn guests about the potential threat.
- The dangerous condition directly caused the injury.
Hotel vs. Airbnb: The Key Legal Differences
Whether you file a hotel or an Airbnb injury lawsuit in New York, your case will likely fall under premises liability. However, while both hotels and Airbnb hosts owe a duty of care to guests, proving liability and recovering damages follow different legal avenues.
Hotels Typically Have Clear Liability Structures
Hotels are commercial businesses that exist specifically to provide lodging to paying guests. Under New York premises liability law, hotel guests are generally considered business invitees, meaning hotels owe them a high duty of reasonable care to maintain safe premises, conduct inspections, address hazards, and provide adequate security. Besides, hotels typically carry commercial liability insurance designed to cover guest injuries.
When an injury occurs at a hotel, the potentially liable parties are often easier to identify, such as:
- The hotel owner.
- The hotel operator.
- A management company.
- Maintenance contractors.
Airbnb Cases Often Involve Multiple Layers of Responsibility
Airbnb does not own or operate properties. Instead, the platform connects guests with individual hosts. As a result, determining liability can be much more complex. Depending on the circumstances, responsibility may fall on one or more parties, which may include:
- The host.
- The property owner.
- A property management company.
- A landlord.
- A maintenance vendor.
- A manufacturer of defective equipment.
For example, if a guest falls down a broken staircase, investigators may need to determine whether the host knew about the defect, whether a contractor performed negligent repairs, or whether the property owner failed to maintain the premises.
How Insurance Works for Hotel and Airbnb Injury Claims
Determining who you can hold liable to pay your medical bills and lost wages depends on where you meet with an accident and the applicable insurance policies.
Hotels
Hotels tend to carry large commercial general liability (CGL) policies, often valued at several million dollars. While these policies offer substantial payouts, corporate hotel insurers fight claims aggressively to minimize their liability.
Airbnb
Airbnb cases might involve multiple insurance policies, including homeowner’s insurance, commercial rental coverage, and Airbnb’s host protection program. However, standard homeowner’s or renter’s insurance policies often contain explicit business activity exclusions for short-term rentals. As a result, Airbnb’s one-million-dollar primary liability policy usually steps in as the primary source of recovery.
Airbnb provides AirCover for hosts, which includes host liability insurance offering up to $1 million in coverage if a guest suffers injury during an eligible stay.
- It covers bodily injury to guests, emergency medical expenses, and property damage caused by property defects.
- It excludes intentional acts, injuries occurring outside official check-in dates, and off-platform direct bookings.
The Effect of Local Law 18
According to New York’s Local Law 18, or the Short-Term Rental Registration Law, certain short-term rental arrangements may be restricted or subject to registration requirements, and the legality of the rental itself can become a factor during litigation. While a violation of a rental regulation does not automatically establish liability for an injury, it may become relevant when evaluating negligence or compliance with safety requirements.
The Role of Contributory Negligence
New York follows the contributory negligence rule, which has a direct impact on how much compensation an injured party may receive. According to this rule, the compensation you stand to receive can reduce by the percentage of fault a court assigns to you.
Consider this example. You are looking at your phone while walking down a flight of stairs when you trip on a broken stair and fall. A court pins 20% of the fault on you for failing to watch your step. Then, it awards you $100,000 for your damages. Based on your fault, you will receive 80% of the awarded amount, which is $80,000.
What Is The Statute Of Limitations For Hotel Injury Lawsuits?
Hotel and Airbnb injury lawsuits in New York fall under personal injury law. In most cases, injured parties get three years from the date of the accident to initiate legal proceedings. However, there are exceptions that can help extend the statute of limitations, which come in the form of the discovery rule and tolling.
What Kind of Lawyer Do I Need to Sue a Hotel?
If you suffer injury at a hotel or an Airbnb and wish to file a lawsuit, you’ll need to hire a personal injury lawyer who specializes in handling premises liability cases, especially ones related to the hospitality industry. A good hotel injury lawyer in NY will ensure covering all bases and presenting your case in the best light. What you may expect includes:
- Preservation of key evidence. Subpoenaing hotel video surveillance footage, inspection logs, and guest history reports before they are deleted.
- Accurate fault assessment. Countering claims from insurance companies that you were solely at fault for your injury.
- Negotiating fair compensation. Seeking recovery for medical bills, ongoing physical therapy, loss of earnings, and pain and suffering.
Conclusion
If your stay at a hotel or an Airbnb results in an injury, know that you might have the legal right to seek compensation for your damages. The key is understanding your rights, preserving evidence, seeking prompt medical care, and identifying the parties responsible for maintaining a safe environment. Given the complexities that tend to arise in such cases, partnering with an experienced hotel accident attorney might be in your best interest.