What To Do After An Injury In An Arizona Airbnb

Arizona Personal Injury Attorneys Take a Look At What You Should Do If You Are Injured In An Airbnb

Maybe you’re visiting Arizona from out of state, or maybe you just wanted a local staycation. Either way, Airbnb provides the opportunity for a unique stay, often for far less than the price of a standard hotel. Unfortunately, accidents can happen anywhere, and Airbnbs are no exception. When you’ve been injured in an Airbnb in Arizona, learn more about your rights, and call our firm to schedule your free case evaluation.

What to Do After an Injury in an Arizona Airbnb

Collectable Damages In An Arizona Personal Injury Claim

When submitting your claim to Airbnb, it’s vital that you understand what types of damages you may be eligible to collect.

You Should Review Your Case With An Arizona Personal Injury Attorney To Determine Which Will Apply In Your Situation:

  • Missed wages

  • Loss of earning potential

  • Loss of consortium

  • Medical bills

  • Future medical expenses

  • Pain and suffering

How To Calculate Pain & Suffering In An Arizona Airbnb Injury Claim

Pain and suffering could be the largest damage you collect in a personal injury claim, whether the accident occurred in an Airbnb or not. It represents the emotional, mental, and physical distress you experienced due to your injuries. The most common way to calculate pain and suffering damages is by using the multiplier method. To start, you will sum up the rest of the damages you have incurred, like lost wages and medical bills. You will then assign a multiplier to your case- this is usually a number between one and five. The more severe the injuries, and the more egregious the host’s negligence, the higher the multiplier you will use. You will multiply the sum of the rest of your injuries by that number to find pain and suffering. The insurance company may argue for the use of a lower multiplier, or a different, less common calculation method altogether.

Premises Liability

Premises liability is the legal theory that allows you to collect damages after being injured on another person’s property. In this type of case, you must be able to show the Airbnb owner either was aware of dangerous conditions on their property, or the condition existed long enough that the owner should have discovered it.

Some Examples Of Potential Premises Liability Claims In An Airbnb Include:

  • Getting your foot stuck in an old or rotten floorboard

  • Slipping on a pool deck and hitting your head

  • Burns and property damage after a kitchen fire, especially if the Airbnb didn’t have smoke detectors or a fire extinguisher

  • Tripping on a staircase

  • Injuries stemming from a ceiling collapse

 After any type of injury in an Airbnb, you should consult with an experienced Arizona personal injury attorney. It is better to learn more about your claim from someone who would be your advocate rather than someone from the insurance company who is working to reduce your claim.

How Long Do I Have To File My Arizona Airbnb Claim?

It’s important that you have as much of your medical treatment as possible completed before bringing your claim, but you won’t have an unlimited time period to file. In a personal injury claim, this time limit is referred to as a “statute of limitations.” In general, the statute of limitations for this type of claim in Arizona is 2 years from the injury date. Cases filed after the 2-year mark will be dismissed for failure to file within the statute of limitations. You will need to include damages for your future medical treatment if you expect to continue to receive medical treatment for your injuries. There is a statute of limitations exception for injured minors. If an injured minor’s parent or legal guardian doesn’t file a claim for them, they will have 2 years from their 18th birthday to file a claim.

Airbnb’s Insurance Coverage

Fortunately, Airbnb maintains Host Protection Insurance for all of its rentals. This policy offers $1 million in liability coverage for guests injured on Airbnb properties. It is meant to compensate for all the types of damages you may incur after an injury described above. The Airbnb host may have additional insurance coverage beyond what Airbnb provides. If Airbnb’s Host Protection Insurance doesn’t cover your claims, you will need to go after the host directly. This also is true if your damages exceed $1 million.

There are exceptions to Airbnb’s insurance coverage policy. If your injury occurred under any of these circumstances, their insurance provider may refuse to compensate you.

  • Car accidents on the property (go through auto insurance)

  • Asbestos, bedbugs, and other inhabitable living conditions

  • Slander and defamation (bad Airbnb reviews)

  • Intentional acts like assault and fighting

  • Natural disasters

Dealing With The Insurance Company

Just like any other insurance claim, dealing with an injury claim with Airbnb isn’t easy. The adjuster assigned to your claim may seem friendly and caring, but make no mistake- the adjuster is working to reduce the amount their company has to pay you as much as possible. There are several ways the adjuster will try to do this. After sending the insurance company your demand letter, the adjuster will work to tear apart every aspect of your claim. The insurance company may try to claim that you didn’t suffer certain injuries, or that some or all of your medical treatments were unnecessary. The adjuster may pressure you to accept a lower value for your pain and suffering, or use a lower multiplier during calculations. The adjuster may also claim not to have the authority to settle your claim for the amount demanded in an attempt to get you to settle quickly for less.

The adjuster may try to argue that you were at fault for the accident’s occurrence. Arizona is a comparative negligence state, which means that an injured party’s damages can be reduced proportionately to the amount they were at fault for the accident. For example, if your damages were $100,000, but you were 25% at fault for the accident, you would only be able to collect $75,000.

To build a strong claim, you will need evidence to show the severity of your injuries and their impact on your life. It’s important you see a doctor to diagnose your injuries, as your medical records will be a key piece of evidence. You should take pictures of your injuries, as well as the conditions that led to their occurrence. You should also check if the Airbnb had video cameras installed where the accident occurred, and get a copy of the surveillance footage. Your attorney will help you gather evidence that is relevant to your case and craft it into a convincing demand for compensation for your injuries.

Hire a Strong Personal Injury Team, Contact Our Arizona Injury Attorneys Today

You deserve fair compensation after an Airbnb injury in Arizona. The insurance company will be working to bring down your claim’s value, so you should seek a legal advocate to defend your position. Your attorney can also assist you with receiving medical treatment for your injuries while you resolve your claim. Your fees will be paid on a contingent basis- that means we only get paid if we settle or win your case. We charge a guaranteed contingency fee of 25%- when compared to our competitors’ rates of 33% or more, that can save you thousands of dollars. For skilled personal injury representation at a fair price, call or use our online form to schedule your free case evaluation today.

 

Contact Professional Family Attorneys In Arizona

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Mesa Location:
1731 West Baseline Rd., Suite #100
Mesa, AZ 85202

Office: (480) 448-9800
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Phoenix, AZ 85003

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Tucson, AZ 85701

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Avondale, AZ 85392

Office: (623) 469-6603