What To Do If You’re Injured During Your Stay At An Airbnb In Colorado

Vacation rentals have become the preferred accommodation for many travelers. In many cases, the additional space lowers the cost of rentals to appeal to families, groups, and those looking for a more homey environment.

However, when you stay at a hotel, the business is often conscious of guest safety and has a process for handling on-premises injuries. Vacation rentals might not be as safe or prepared for accidents.After you are injured at an Airbnb-hosted property, you have rights. The injury lawyers at Bachus & Schanker have decades of experience helping injured clients. Moreover, we treat accident victims with dignity and respect because we have experienced similar losses. A Colorado injury attorney from our firm will fight insurers and at-fault parties for fair compensation.

GET A FREE CONSULTATION

Bachus & Schanker Wins – Over $1 Billion Recovered

Understanding Premises Liability For Airbnb Stays In Colorado

The Colorado Premises Liability Act classifies injured people into three groups:

Trespassers are not on the property legally
Licensees are present for the licensee’s benefit rather than the owner’s benefit
Invitees are present for the owner’s benefit

You are an invitee when you book and pay for an Airbnb stay. The people in your traveling party included in your reservation are probably also invitees.

“Guests of guests” are usually considered licensees because they are not paying customers. If you bring unregistered guests to your Airbnb for a party or to stay over, they will probably be considered licensees.

Trespassing arises in two primary situations involving Airbnb properties. First, you might be a trespasser if you arrive before or stay after your booking window. You would not have the legal right to be there unless you get permission from the host. Moreover, Airbnb’s insurance policy only covers guests between check-in and check-out.

Second, you might trespass if you enter areas off-limits to guests. For example, if you rented a guest house but were injured in a barn that was not included in your accommodations, you might have been a trespasser.

Under Colorado law, trespassers have the least protection. They can only pursue claims if the host willfully or deliberately injured them.

Licensees have the second-lowest level of protection. They can only seek injury compensation for injuries caused by hazards the host or owner actually knew about.

Invitees have the highest protection. They can pursue an injury claim if they were injured by a hazard the host or owner knew or should have known about. Thus, an invitee can recover compensation even if the host or owner did not know about the hazardous condition but could have discovered it with a reasonable inspection.

What To Do Immediately After An Injury At An Airbnb Property

After you suffer an injury, you should take the following steps:

Take photos of the accident scene and list the names of any witnesses
Do not move, change, or repair the hazardous condition
Seek medical attention at a hospital, clinic, or doctor’s office
Call the host immediately and follow up with an email or letter

The next step is to begin preparing insurance claims using the Airbnb host liability insurance intake form. When you talk to the host, you should also get their homeowner’s insurance information to file a claim with the insurer.

You should consider speaking to a personal injury lawyer early in this process because insurers will immediately start to build their defenses against your claim. You need someone on your side to help you investigate and gather evidence for your case.

Documenting The Incident: Why Evidence Matters

Evidence includes anything that tends to prove or disprove a fact relevant to your claims or the host’s defenses. Lawyers and insurers use evidence to determine what happened and who is responsible for it.

For example, if you slipped because the bathroom pipes leak, the leaky pipe or a photo of it is evidence. Evidence also includes witness testimony. Someone who saw you trip over a bubble of loose carpet can provide a statement to insurance adjusters or testimony at trial.

Who Is Responsible For Injuries At Airbnb Properties?

Liability depends on negligence. Hosts and property owners are not required to guarantee guest safety. Instead, they are only required to take reasonable measures to find and fix hazardous conditions on their premises.

If you were injured by a truly unforeseeable hazard, such as a tree blown over onto the guest accommodations, the host or owner might not be responsible. However, if the owner knew the tree was dead or should have inspected it after branches broke off and it creaked in the wind, the owner might be responsible.

The Role Of Airbnb’s Insurance In Injury Claims

Hosts and owners may have three forms of insurance. First, owners typically have homeowner’s insurance policies that provide liability coverage for injuries on the property. The liability coverage varies according to the amount paid for the policy. However, some policies exclude coverage if the owner uses it for an Airbnb.

Second, the host may have business liability insurance. Owners who rent out properties as a business rather than a side hustle might have this insurance because it provides greater coverage.

Third, Airbnb automatically includes host liability coverage for all hosts unless they opt out of the insurance program. This policy provides up to $1 million in liability coverage to hosts for guest injuries.

How To File A Premises Liability Claim In Colorado

Most cases begin with an insurance claim. Airbnb’s insurance claim intake form is available online and provides a good starting point. You should also ask for the homeowner’s or business insurance from the host or owner.

The claim describes what happened. It also lists the costs and other losses you incurred as a result of your injury.

Why You Should Seek Legal Help For An Airbnb Injury Claim

Consider speaking to a lawyer before preparing your claim because the information you provide could determine whether the insurer accepts liability. You could inadvertently write something that harms your chances for compensation.

Additionally, the insurer will want to talk to you. A lawyer can help you prepare for the interview and sit with you to help prevent any mistakes.

Finally, your lawyer can file an Airbnb injury lawsuit if the insurer denies your claim. Lawsuits are typically filed after you and your lawyer determine the insurer will not settle the case.

How Our Colorado Premises Liability Lawyers Can Help You After An Injury At An Airbnb

The personal injury attorneys at Bachus & Schanker have worked with Colorado’s Premises Liability Act and know how to prove claims. We have also dealt with many insurers and have experience overcoming claim denials and negotiating settlements. Most importantly, we provide compassionate and respectful legal counsel to our clients. We understand the frustrations you face and can fight hard to help you overcome them.