Staying at an Airbnb in Las Vegas, Nevada should be a fun, safe and enjoyable time. Unfortunately, Airbnb hosts cannot always be trusted to maintain safe or secure premises – often resulting in property risks that cause serious guest injuries.
At Edward Bernstein & Associates, our attorneys represent people who have been injured due to the careless acts of others while at Airbnbs. We understand the complicated laws surrounding these cases and how to navigate them to our clients’ greatest advantage. Find out how we can help you during a free consultation at our local Las Vegas law office.
Reasons to Choose Edward Bernstein & Associates
- We’re known for always putting our clients first. You will benefit from individualized care and attention from your Airbnb liability attorney every step of the way.
- We rely on almost 50 years of experience handling personal injury and premises liability cases in Las Vegas to expertly navigate the unique challenges of Airbnb claims.
- Our attorneys work on a contingency fee basis for all personal injury claims in Las Vegas. This means you will only be charged attorney’s fees if and when we win your case.
Why It Is Important to Hire an Attorney for an Airbnb Case in Las Vegas
Airbnbs are gray areas in terms of premises liability law; they are not owned by a business or covered by commercial property insurance, like a traditional hotel or motel. However, they are also not the same as private residences, since they are marketed as rental properties that welcome paying guests. This can lead to some confusion for an injured Airbnb accident victim.
Hiring an attorney to handle your Airbnb injury claim can make a major difference to the outcome of your case and your legal experience. You can focus on your medical treatments and getting better while your lawyer handles a claim for you, including accident investigation, evidence collection and settlement negotiations with an insurance provider. Your lawyer will work for you – not an insurance company.
Airbnb Host Liability in Las Vegas
Airbnb hosts in Las Vegas have a legal responsibility to maintain safe properties. They are required to provide guests with safe environments, meaning properties that are free from potential injury risks and hazards. Common examples of preventable injury risks include:
- Slip or trip and fall accident risks
- Inadequate property maintenance
- Violated building or safety codes
- Unsafe or faulty staircases
- Broken or uneven floor surfaces
- Structures that may collapse
- Dangerous swimming pools
- Dogs or other animals that could attack
- Toxic fumes or substances
- Electrical or fire hazards
- Inadequate security in a crime-risk area
If an Airbnb host fails to provide a reasonably safe premises (e.g., a host ignores known property defects or fails to warn guests of non-obvious injury risks), he or she could be held responsible for a related accident and may have to pay for the victim’s medical bills and other losses through a homeowners insurance policy.
Does Airbnb Offer Any Insurance Coverage for Accidents and Injuries?
In addition to the Airbnb host’s personal property insurance policy, Airbnb offers host insurance that can provide up to $1 million in coverage for guests injured in property-related accidents. However, the terms of this insurance policy are strict, with several exclusions for certain events.
Host Liability Insurance by Airbnb generally excludes natural disasters, car accidents that occur on private property, injuries caused by defective products, crimes such as theft or robbery, and claims involving pollution. These events release Airbnb from liability for any bodily injuries or property damage suffered under the terms of the Host Insurance Policy.
Third-Party Liability in an Airbnb Injury Case
Depending on the cause of your Airbnb injury in Las Vegas, you may have grounds to file a claim against a third party that is not related to the host or Airbnb as a company. If the Airbnb had a defective product on the premises that caused your injury, for example, you may be able to recover compensation through a product liability claim against the manufacturer, distributor or retailer separately from Airbnb or the host. An attorney from Edward Bernstein & Associates can carefully evaluate your case to identify all liable parties.
How to Prove an Airbnb Liability Claim in Las Vegas
In an Airbnb liability claim, you have the burden of proof as the plaintiff, meaning the injured party who is filing the claim. You are given the responsibility of proving the truth of what you are claiming. The burden of proof is a “preponderance of the evidence,” meaning enough evidence to convince a jury that the accused party (defendant) is more likely to be at fault for your Airbnb injury than not.
Establishing liability in an Airbnb case in Las Vegas requires evidence that the defendant owed you a duty of reasonable care but breached this duty, meaning they did not adhere to the proper standards in terms of property safety or maintenance. There must be evidence that this is what caused your injuries or property damage, and that you suffered specific or compensable losses. With evidence of these elements, you can successfully prove negligence and recover compensation.
Compensation for Airbnb Injuries in Nevada
As an injured Airbnb guest in Las Vegas, you could be entitled to financial compensation or damages for several of your related economic and noneconomic losses. These may include:
- Past and future necessary medical care, including surgeries, hospital stays, follow-up visits, therapies, rehabilitation and medications.
- Disability benefits, if you suffered a long-term or short-term disability or permanent disfigurement because of the Airbnb incident.
- The cost to repair or replace any personal property that was damaged or destroyed in the Airbnb accident.
- Your lost wages and lost earning capacity if you had to miss work or cannot return to your previous occupation due to the nature of your injuries.
- Your pain and suffering, which can include physical pain, emotional distress, grief or mental anguish, loss of enjoyment or quality of life, and psychological trauma.
As your attorneys, we will work hard to seek maximum financial compensation for all of your losses. We are experienced negotiators and litigators who know how to go up against powerful adversaries.
Contact an Experienced Airbnb Accident Attorney in Las Vegas Today
The last thing you might expect after checking into an Airbnb as a tourist in Las Vegas is to suffer a serious injury due to a property hazard. If the unthinkable happens, Edward Bernstein & Associates is here to help you seek justice and hold someone accountable.
Discuss your recent Airbnb accident and injury with one of our knowledgeable attorneys today to explore your recovery options. Contact us at (702) 240-0000 24 hours a day, 7 days a week for a free case review.