What To Do If You’re Injured During Your Stay At An Airbnb In Colorado
When someone invites you to stay in a vacation rental, you have high expectations for safety. The Colorado Premises Liability Act defines the conditions for seeking financial compensation for injuries due to unsafe premises.
A personal injury lawyer from Bachus & Schanker uses these laws to fight hosts for compensation after an Airbnb accident.
Immediate Actions To Take After An Injury At An Airbnb
Take photos of the scene and make a list of witnesses. If you require immediate care, call an ambulance.
What To Do If You’re Injured During Your Stay At An Airbnb In Colorado
First, document the scene and preserve any evidence. Second, visit a doctor or hospital to diagnose and document your injuries. Third, contact the host. Finally, consult a lawyer to learn your legal options.
Seek Medical Attention: Why Prompt Care Is Crucial After An Airbnb Injury
Visit the emergency room for life-threatening injuries or a clinic for nonemergencies. Your healthcare records will help you document the cause and severity of your injuries as well as plan for future treatments.
Documenting The Accident: Essential Evidence To Collect After An Injury
Gather any evidence that proves how you were injured and who is responsible. For example, if you fall down the stairs after tripping on loose carpeting, do not touch the carpet — take photos of it.
Notifying The Airbnb Host: How To Report Your Injury
Contact the host as soon as possible. Describe what happened and ask for the host’s property insurance information. Follow up with an email or letter.
Who Is Liable For Your Injury At An Airbnb Property?
Colorado law distinguishes between invitees, licensees, and trespassers. Airbnb guests are typically invitees because they pay to stay there. Anyone responsible for the property, including hosts, managers, and property owners, may be liable for an invitee’s injury.
Injured Due To Unsafe Conditions? How To Prove Negligence In An Airbnb Injury Claim
Colorado law protects invitees from hazardous conditions the host knew or should have known about. Negligence is proven by showing the host knew about the hazard and failed to fix it or was unreasonably careless in searching for hazards.
Understanding Airbnb’s Insurance: What Coverage Is Available For Injured Guests?
AirCover is a host protection insurance policy that automatically applies to Airbnb stays unless the host opts out. This policy includes up to $1 million in liability protection for guest injuries.
When To Contact A Lawyer After An Injury At An Airbnb
Contact a lawyer if you suffered serious injuries or if a loved one died from their injuries. Additionally, you can turn to a lawyer if AirCover or the host’s liability insurance provider has denied your initial claim.
Filing A Personal Injury Claim For An Airbnb Accident: A Legal Overview
A typical case includes the following steps:
- Contact a lawyer
- File an insurance claim
- Negotiate with the insurer
- File a lawsuit if the insurer refuses to settle
Most insurers prefer to settle legitimate claims rather than go to trial.
What If Another Guest Causes Your Injury?
When your injury results from another guest’s actions, you might not have a claim against the host. For example, if you slip in a puddle left by a guest, you may have a claim against the careless guest but not the host.
Premises Liability In Airbnb Injury Claims: Colorado Laws You Should Know
The Colorado Premises Liability Act provides the highest protection for invitees. You might also be protected if you were a licensee (a guest of a guest) or even a trespasser, but you must show the owner knew about or created the hazard.
How To Pursue Compensation For Your Airbnb Injury: What You Can Claim
You can pursue compensation for economic losses, including past and future medical bills and lost wages, and non-economic losses like pain, suffering, and disability.
What To Expect During The Claims Process For An Airbnb Injury In Colorado
You have two years to file a premises liability lawsuit in Colorado. Due to the short timeline and the potentially lengthy claim process, it’s a good idea to contact a lawyer immediately.
Can You Sue Airbnb Directly?
You will likely not sue Airbnb directly unless it was negligent in accepting the listing. Instead, you will pursue a claim against the property owner or host.
The Importance Of Legal Representation In Airbnb Injury Claims
Insurers require proof of liability and loss. An experienced lawyer knows what to submit to facilitate the claim process. If the insurer denies your claim, an attorney can present arguments to try to overcome the denial.
How Our Attorneys Can Help You After An Injury At An Airbnb In Colorado
Our attorneys have recovered millions of dollars for injured clients. We advise you of your legal options and guide you through the claim process, drawing on our experience with premises liability law to get fair compensation for our clients.
Injured At An Airbnb In Colorado? Contact Us For A Free Consultation
Contact us to learn how we can help you get justice and compensation after your Airbnb accident.
How Our Attorneys Can Help If You’re Injured During Your Stay At An Airbnb In Colorado
We understand the physical and mental trauma caused by serious injuries and we are sorry that you are currently going through this hardship. We provide legal advice, representation, and advocacy as you fight for justice. You do not have to navigate the road ahead alone.
Citations:
Colo. Rev. Stat. § 13-21-115. (2024).
Colo. Rev. Stat. § 13-80-102. (2024).
Host Liability Insurance. (2024).
