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How Does Premises Liability Work with Airbnb?

Posted on in Personal Injury

How Does Premises Liability Work with Airbnb?For years now, travelers have been forgoing hotels in favor of renting a living space at someone’s home through services such as Airbnb. Vacation rentals can offer better deals, convenient locations, and home amenities that many hotels do not have. As with any business, your host has a duty to keep you safe while you are paying to stay at their home. If you are injured due to the condition of the property, you may be eligible for personal injury compensation through the premises liability law of the state where the injury occurred.

What Is the Duty to Protect?

The owner or operator of a property has a duty to show reasonable care towards the safety of visitors. In Illinois, this means they must make a reasonable effort to:

  • Maintain the property’s condition
  • Detect and repair dangerous conditions in a timely manner once they are aware of them
  • Warn guests about dangers that they may be unable to predict on their own

When staying at someone’s home, dangers could come from uneven walking surfaces, faulty appliances or other areas that the owner has failed to maintain. However, the owner may not be liable for your injuries if you acted in a way that was reckless or that you knew put you at risk of injury.

Who Is Liable?

Though you book the rental through an e-commerce site such as Airbnb, the homeowner is the party who is liable for injuries on their property because they are the one who controls the property. In many cases, their insurance will pay for the compensation you receive from a personal injury lawsuit. For instance, Airbnb provides insurance for its hosts that will cover as much as $1 million in damages from a lawsuit. The host may also have homeowner’s insurance that will cover them in case of premises liability. Without insurance, the host would be liable for paying the damages themselves, which may be limited by how much money they have. Before renting a room for your trip, you check to see whether:

  • The host has insurance in case of injury
  • There have been complaints about the poor condition of the property
  • The host admits to potential hazards on the property

Contact a McHenry County Personal Injury Attorney

Getting injured while on vacation can ruin your experience and cost you a lot of money – particularly if you need to visit an emergency room to get treatment. A Crystal Lake, Illinois, personal injury lawyer at Botto Gilbert Lancaster, PC, can help you determine whether the property’s host may be liable for your injuries. Schedule a free consultation by calling 815-338-3838.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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