The vacation home rental industry has grown significantly over the past 10 years, fueled by the popularity of platforms such as Airbnb and Vrbo, making it easier for homeowners to rent their properties with the convenience and flexibility not typically found at hotels. However, because of their structure, these rental companies do not have the level of oversight one would find at traditional hotel chains. If you or a loved one have been injured while staying at an Airbnb, Vrbo, or other similar vacation rental property in Indiana, you’ll need to understand your options for recovering compensation for injuries and damages.
If someone has been injured at an Airbnb or Vrbo, they can typically file a lawsuit for damages, but the success of these cases will depend on several factors, including who is liable and the seriousness of injuries sustained. Both Airbnb and Vrbo offer property owners (“hosts”) $1 million of insurance through their liability programs and this coverage is designed to protect them from claims related to personal injuries or property damage. However, these policies are not always adequate or protect against all incidents, so hosts are encouraged to carry additional coverage through their own homeowners’ or renters’ insurance policies.
Typically, the responsibility for making sure a rental property is safe falls on the host, so in most cases, they would be the party to take legal action against if you or a family member are hurt. Slip and falls, electrocutions, fires, drownings, and structural failures are just some examples that can lead to a serious injury or death of a guest.
It’s important to note that Airbnb and Vrbo serve as intermediaries between hosts and guests, making it harder to hold them directly accountable for injuries. However, in certain situations, it may be possible to bring a claim against these companies if it can be proven that they failed to provide a duty of care and did not meet their legal obligation to protect guests from harm.
Additionally, the Terms of Service for these platforms require all guests to agree to specific language that may limit their ability to sue the companies directly, potentially complicating a personal injury case. However, simply stating that someone cannot sue does not necessarily exclude their right to pursue damages, especially if an injury is serious. If it can be proven that the rental company acted negligently or that an injury was foreseeable and preventable, obtaining compensation from both the rental company and host may still be possible. For this reason, consulting with an experienced personal injury attorney familiar with these types of cases is essential.
If you or a loved one have been injured while staying at a vacation rental property, contact our firm and we will be happy to review your case. Hurst Limontes works on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
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