People visiting New York often use Airbnb rentals to access unique homes and lodging. These short term rentals are popular because they are economical, convenient, and a welcome alternative to traditional hotel lodging. Because properties are located outside of traditional hotel areas, Airbnb visitors are able to explore neighborhoods that do not benefit from traditional tourism, which helps the economy and supports jobs. Securing a short term rental is easy via a website or app.
The Tricky Legal Precociousness of AirBnB
Although many people enjoy Airbnb stays, for some people, Airbnb rental experiences are not positive experiences. Over the years, stories of nightmarish experiences have occurred, from crimes such as sexual assault, shootings, and animal attacks to serious injuries from tripping, slipping or falling, or being hurt from collapses of buildings or roofs. Some people have fallen to their deaths or contracted diseases such as legionella. When injuries and harm occurs, questions are raised about liability.
Airbnb has modified the terms of their agreements over the years to define the parties, identifying the host (landlord), guest (renter), and Airbnb (service provider offering the online platform). Airbnb Terms of Service has a binding arbitration clause and an indemnification clause protecting them. Hosts are covered by Host Protection Insurance, as well as homeowner insurance. If you are hurt while staying at an Airbnb property, the property owner might be liable for your injuries. If the injury was the result of negligence, New York law will look at who owned the premises, who possessed it, and who controlled it. If the owner knew or should have known an unsafe condition existed, and they failed to address it, you may have rights.
Call Michael J. Redenburg, Esq, P.C.
If you’ve been injured at an Airbnb in New York City, contact New York personal injury attorney Michael J. Redenburg for a free consultation. Our firm fights to recover full and fair monetary compensation for medical care expenses (past and future), lost earnings due to being unable to work, and emotional pain and suffering. We offer phone and video consultations seven days a week to discuss our potential case. As part of our contingency fee agreement, there are zero out of pocket fees, and we are only paid if we recover money for you. To speak with a member of our team about your case, call us at (212) 240-9465