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The choice to stay at an Airbnb is more popular than ever, especially in cities like New York, where hotel stays can be a significant expense. The amount you save can be lost, however, if you’re injured at the Airbnb and need to pay for subsequent medical care.  

Premise liability law is relatively straightforward if you’re staying at a commercial location like a hotel, but the rights you have at an Airbnb can be a bit less clear. Here’s what to keep in mind if you’ve been injured during your stay.  

Airbnb Insurance and Its Limits 

Imagine you’re walking downstairs on your first night at your Airbnb, and a slippery patch of water or surface cleaner causes you to slip and fall, leading to a broken arm. What are your legal options?  

As with any other type of property, the Airbnb’s owner or manager has a responsibility to keep their guests and visitors safe. If there are hazards on the property, they have to address them to prevent injuries. If they fail to do so and anyone suffers losses as a result, they can be held responsible.  

Airbnb offers Host Liability Insurance (previously Host Protection Insurance), which provides coverage of up to $1 million. In many instances, that’s enough to cover the losses you sustained, though not in every scenario.  

Taking the example above, let’s say you fell backward and hit your head with enough force to suffer a traumatic brain injury. That is a catastrophic injury, one that could leave you requiring ongoing medical care and preventing you from earning a living for the rest of your life. Even a million dollars in insurance coverage won’t be enough to fully compensate you.  

Your course of action, then, would be to file a claim against the negligent property owner. You will need to demonstrate that negligence was involved, which means establishing that the property owner owed you a duty of care that they then breached, and that the breach led directly to your losses.  

Steps to Take After Suffering an Injury in a New York Airbnb 

To protect your personal injury claim, you must take these steps immediately following your accident: 

Get Immediate Medical Attention 

Calling for emergency services is the wisest move for two main reasons. The first is receiving the prompt medical assistance you need. Not all injuries are apparent right after they occur, which means that you could end up thinking you’re fine when you could have internal damage or a concussion.  

The other reason why immediate medical care is so important is that it can effectively start an official record of the injuries you’ve sustained. You’ll need as much evidence as possible to support your claim. 

Let the Airbnb Host Know of Your Injury 

After being cared for, contact your Airbnb host as soon as you can to let them know that you’ve suffered an injury on their property. You can reach out to them directly if you have their information or via the Airbnb site or app. If possible, do both, as that will ensure everyone is alerted to the issue.  

Take Pictures and Videos 

In addition to medical records, it’s a good idea to take pictures of the injuries you suffered (if visible) and of the scene where the accident occurred. In the example of the slippery stairs, take photographs or create a video in which you relay what happened while showing the surface of the stairs.  

Get Contact Information From Eyewitnesses 

If others were present when you suffered your injury, make sure you have their contact information on hand so that your attorney can reach out to them later for testimony.  

Contact a Premises Liability Attorney As Soon As You Can 

You should never allow too much time to go by before starting the legal process, given that there are statutes of limitations you must be aware of. New York, in particular, gives victims three years to file, but it’s never a good idea to wait that long. Evidence and witness testimony may no longer be available.  

With an attorney helping you, you can put all of your efforts toward healing from your injuries while your team takes care of the claim.  

Speak With New York Premise Liability Lawyers 

After sustaining injuries in a New York Airbnb, you may have the right to file a claim against the property owner. By hiring experienced lawyers to help you, the process can be a bit easier for you. 

At Silberstein and Miklos, P.C., our attorneys offer the support you need throughout the entire claims process. Contact us — and Ask4SAM — to schedule a consultation with our team.