By Jo Jeffries. Last Updated 7th September 2022. Are you looking to get legal advice on an Airbnb claim? In this holiday accident claims guide, we focus specifically on instances in which someone could have been injured at an Airbnb holiday rental. We look at everything we think victims of accidents and injuries in a holiday rental need to know, covering the circumstances in which accidents could happen, common types of injuries, as well as when and how liability can be established. We also look at how much you could claim for your injuries and take you through the process of doing so.If you’ve been injured in an Airbnb, this legal advice could be helpful to you.
Legal Advice for Airbnb Accidents
When compared to more straightforward cases, such as an accident in a hotel or whilst on a package holiday, situations where you could have been injured in an Airbnb rental could be complicated. As a guest, you will be staying at a private property or home, rather than a hotel or resort operated by a holiday provider.
We will take you through the potential complexities of making a holiday rental guest injury claim, showing you how to do so. If you would like to speak to one of our advisors, you can phone us today on 0800 073 8801. Our lines are open seven days a week.
Select A Section
- A Guide To Claiming Compensation If Injured At An Airbnb
- What Is An Accident At A Privately Rented Accommodation?
- Ways You Could Be Injured At A Private Rented Accommodation
- I Slipped While Staying At An Airbnb, Can I Claim?
- I Was Scalded While Staying at An Airbnb, Can I Claim?
- Swimming Pool Accidents, Injuries, And Illnesses
- Accidents And Injuries Caused By Broken Fixtures And Fittings In A Holiday Rental
- What Insurance Does Airbnb Provide To Hosts?
- Who Is Liable For My Accident Or Injury?
- What Is Occupiers Liability?
- Can I Claim For Injuries At An Airbnb Outside The UK?
- Steps To Take After Being Injured At A Holiday Rental
- Personal Injury Claims Calculator
- How Personal Injury Claims Are Calculated
- No Win No Fee Claims For Injuries In An Airbnb
- How We Can Help You Claim Compensation For Injuries In An Airbnb
- How To Contact Our Advisors
- Advice For Holiday Accident Victims
In this holiday accident guide, we look at cases where you could be injured at an Airbnb rental. Firstly, we will need to look at who and what Airbnb is. The site was launched around a decade ago and was the first in a group of new online services offering a platform or ‘marketplace’ in which people could rent out either a spare room or a property to holidaymakers and those looking for short-term rentals.
The platform or marketplace acts as a middleman connecting vendors and holidaymakers. It takes a commission from the rental fees paid. The fact that the site acts as a middleman operating on commission makes it complex when it comes to pursuing a compensation claim after an injury at a property rented from them. As we shall see when looking at liability in such cases, by acting simply as a marketplace, Airbnb has been able to avoid being liable in past cases.
At the core of what we are looking at in this guide is what a guest injury claim is and when it can be made. The simplest way to look at this is if you have had an accident which could have been avoided by the property owner taking reasonable steps, you could be able to make a personal injury claim.
As we have seen, Airbnb is a marketplace connecting holidaymakers and holiday rental vendors around the world with each other. Some quick statistics about Airbnb are as follows;
- The second busiest city for Airbnb rentals is London.
- There are 150 million users of the site.
- 65,000 rentals and listings around the world.
- The fastest growing group of hosts are those over the age of retirement.
Airbnb operates by charging property owners a small commission for each booking. With such high numbers of people using the service, Airbnb relies on a rating system for guests and properties. This means that whilst there is an incentive to be a better host, the site itself can not guarantee that a property meets any particular or specific health and safety standards. There is only basic legislation to protect guests.
There are different ways in which you could be injured whilst on holiday as a result of the holiday home providers negligence. Failing to adequately maintain a property could cause a cacophony of different problems which could lead to guests being injured. Whilst there are numerous ways in which people could be injured, or even made sick, by their holiday accommodation, there are those which could be more common than others. Such causes and circumstances include;
- Slips or falls caused by broken or damaged flooring, or a wet floor due to broken pipes.
- Burns and scalds due to damaged shower facilities or problems with heating systems.
- Illnesses contracted from a swimming pool (or similar facility) which was caused by an absence of or poor cleaning.
- Other injuries caused by broken or damaged fixtures in the property, such as a collapsing chair which causes injury.
In the following sections of this guide, we look at what happens if your health is damaged whilst staying at an Airbnb property rental.
If you fell at an Airbnb, you may have suffered a variety of different types of injury. Having a slip or a fall of some kind is one of the most common types of accidents on holiday. There are many ways in which you could have fell at an Airbnb. You could have fallen over because carpets or floors were not properly maintained and became a serious trip or fall hazard. Outdoor pathways and pavements could also have not been properly maintained, as well as areas around facilities such as swimming pools.
Slips can also be caused by unexpected wet floors, such as if there is a leak due to a lack of property maintenance. To find out who is responsible if you get injured in an Airbnb rental due to a fall, speak to our of our advisors.
There are ways in which you as an Airbnb holiday rental guest could suffer a burn injury. Burn injuries could happen due to faulty showers, hot water systems, heaters, or radiators working incorrectly and causing injuries.
If you suffered a burn or a scald injury due to an accident on holiday, speak to an expert to see if you can make a personal injury claim.
In some cases, it can be difficult to see who is responsible if you get injured in an Airbnb swimming pool accident. If you were injured at an Airbnb swimming pool or became sick because the pool and surrounding area and facilities were not properly cleaned or maintained, you could have grounds to pursue a personal injury or holiday injury claim.
Speaking to a personal injury solicitor will help you to see if the properties owner was responsible, and thus liable, for your accident, injury or swimming pool illness.
Have you been injured at a holiday rental because the fittings or the fixtures of the property, such as furniture, have not been properly maintained? You could have got injured at an Airbnb property rental. Below are circumstances in which damaged fixtures and fittings could cause an injury;
- Being injured due to collapsing or broken furniture.
- Being electrocuted due to faulty electrical fittings or items.
- Falling over due to broken or damaged floors (inside or outside).
There could be other ways in which people could suffer injuries due to poor property maintenance of a rental property, if you have any questions regarding a claim for injury you think you may have call us for your free consultation.
One of the prepaid services provided to hosts by Airbnb is what is called ‘Host Protection Insurance’. The purpose of this policy is to protect the property and the host from damage caused by a guest, such as Airbnb accident damage caused during your stay. As a part of this policy, there is also a section which provides $1,000,000 of cover to the host in instances where they are liable for cases of personal injury to a third party, in this case, a guest. As such, if you are injured whilst staying at an Airbnb rental, Airbnb’s insurance policy could payout damages up to that limit if the insurance has been taken out by the host.
Whilst this cover is available for compensation to be paid out from, there is still the requirement for a guest who has been injured to establish liability. This policy does allow for a guest to claim damages against a vendor if it can be clearly shown that the accident was the fault of the host. To see if you are protected with Airbnb insurance, discuss what happened to you with a personal injury lawyer.
How do I make a claim if injured through an avoidable action in an Airbnb? As Airbnb itself does not provide the property you are renting, it is not likely that Airbnb itself is liable for your accident, your injury, or your illness. If the host you are renting the property from has acted in a negligent way it is likely that they will be liable for your injuries. This would be because the landlord has failed to meet the required standards for renting a property in the UK.
As the middleman in any transaction, it is very unlikely that Airbnb could be held liable for what happened to you. If you are wanting to pursue a personal injury claim for damages after staying in an Airbnb call us at Accident Claims UK and we can establish who is liable for your injury.
Once you have explained what happened to you and how you got injured, we can help you navigate the complexities of making a personal injury claim.
As previously discussed above occupiers liability when applied to rental properties is the duty of care landlords and property owners have to those who visit their property’s.
As a guest injured at an Airbnb, you could have been on holiday in the UK or whilst abroad. If your accident or injuries happened in an Airbnb outside of the UK, you could find that the process of making a personal injury claim is more complicated. Whilst making a claim against a hotel or package holiday provider for a holiday abroad is straight forward, Airbnb accident claims abroad can be more complex. Whilst you may have paid for your holiday rental in the UK, the accommodation may be under a different legal jurisdiction and set of regulations. To see if our experts can help you to claim for damages if injured in an Airbnb abroad, talk to a personal specialist today.
There are certain steps which you could take after an avoidable injury if you want to pursue a personal injury claim. To help give you a better chance of making a successful personal injury claim, you could take these steps;
- Make sure your injuries are properly treated by a medical professional.
- If you can do so, take photographs of the cause of your accident, and the injuries you suffered.
- You should inform relevant parties such as your host, Airbnb, and your travel insurance provider.
- Write down and keep records of any and all related expenses.
How much you will be able to claim if you have been injured at a holiday rental depends on multiple factors. Personal injury claims are generally divided into two different categories, general damages, and special damages. Here, we focus on general damages.
This is the part of your award or settlement which will compensate you for your actual injury, rather than the other effects it has had upon you. We have included a table of different types of damages which you could claim for. This is designed to illustrate the variety of types of injury, levels of severity and how much you could claim for them.
|Injuries will scale from severe soft tissue damage, fractures, dislocations, fractures or damage to discs in the cervical spine to permanent spastic quadriparesis.
|Up to In the region of
|Minor to Moderate
|Injuries will scale from full recovery in 3 months, soft tissue damage, exacerbated a pre-existing condition, disc lesion, cervical spondylosis to severe fractions and dislocation.
|Up to £38,490
|Injuries will scale from disc lesions or fractures of discs or of vertebral bodies, nerve root damage to severe damage to the spinal cord.
|Up to £160,980
|Minor to Moderate
|Injuries will scale from soft tissue, sprains, strains, ligament and muscle damage to compression/crush fracture of the lumbar vertebrae.
|Up to £38,780
|Minor to Serious
|Injuries will scale from soft tissue damage, frozen shoulder to significant disability.
|Up to £48,030
|Injuries will scale from significant disability, injuries to the elbow, fractures of the forearm, serious fractures to injuries that short fall of amputation.
|Up to £130,930
|Minor to Moderate
|Injuries will scale from elbow injuries to fractures.
|Up to £12,590
|Very minor to Severe
|Injuries will scale from soft tissue injuries, sprains, displaced fractures, permanent disability to complete loss of function in the wrist.
|Up to £59,860
|Injuries will scale from significant impaired function to reduced 50% capacity.
|Up to £61,910
|Minor to Severe
|Injuries will scale from hip replacement, hip surgery, permanent disability, fractures leading to degenerative changes, fracture dislocation to extensive fractures of the pelvis.
|Up to £130,930
|Less Serious to Moderate
|Injuries will scale from fractures of the tibia and fibula, fracture of the femur, incomplete recovery to multiple fractures.
|Up to £39,200
|Moderate to Severe
|Injuries will scale from dislocation, torn cartilage or meniscus, instability or deformity, permanent, limiting movement to serious knee injury and disruption of the joint.
|Up to £96,210
|Modest to Severe
|Injuries will scale from sprains, twists, soft tissue, fractures, ligament tears to significant residual disability.
|Up to £50,060
|Modest to Severe
|Injuries will scale from simple metatarsal fractures, permanent deformity, leading to continuing pain from traumatic arthritis to severe degloving, extensive surgery, heel fusion.
|Up to £70,030
|Effects will be reduced by plastic surgery but will leave cosmetic disability.
|£9,110 to £30,090
|Minor small scars.
|£1,710 to £3,530
|Serious but Short Lived
|Diarrhoea, vomiting, disturbance of bowel function.
|£9,540 to £19,200
Figures in the above table are taken from guidelines written by the Judicial College. These are periodically updated and whilst not law, are generally followed by personal injury solicitors and even the courts.
In the section above we looked at how much you can claim for general damages. But, when you make a claim, your solicitor will take the wider impact that the accident has had upon you into account. Special damages will look at different factors, such as those listed below;
- The effects on your income and your earnings.
- The cost of any medical treatment, medication or health and personal care.
- Travel expenses
Your final award will be made up of a combination of these factors and the general damages looked at above. Talk to a solicitor today to get more information on how your personal injury claim is calculated.
If you can show that the host of your Airbnb rental was at fault and caused your accident resulting in injury we could be able to offer to handle your claim under a conditional fee agreement, also know as a no win no fee agreement. If we can offer you this type of contract, it means that you will not need to pay anything to get the claim started, nor pay anything else during the claims process. In fact, even at the end, you will not need to pay anything if your claim did not secure a settlement. If it did, you will be paid a settlement via the solicitor, which means they can simply deduct the fee (at an agreed rate) before passing the settlement on to you.
To make a successful personal injury claim, you need to have a good team of solicitors, lawyers and support staff behind you working on your claim. That is what you will get by working with the team at Accident Claims UK. We will look at whether you are making your claim within the relevant personal injury claims categories, that you have the evidence necessary and that you are taking the right steps to get a settlement. We are experienced in helping people to make a very wide variety of personal injury claims and could help you too.
To start your claim or to find out more, contact the personal injury claims advisors at Accident Claims UK. You can contact us by calling a member of our team using the number at the top of this page, or by clicking on the button to ‘contact us’. You can also talk to a member of our team online by using the ‘support’ feature on this page.
If you have suffered an accident on holiday, whether injured in an Airbnb rental, a hotel, or on a package holiday we could help you claim compensation. Find out more about holiday accident claims in these related guides.
Holiday Accident Claims
In this guide, we look at how you could have been injured whilst on holiday and the circumstances in which you could claim compensation.
Package Holiday Accident Claims
Have you had an accident or been injured whilst on a package holiday? Find out if you can claim compensation from the holiday provider in this guide.
Case Study – Broken Wrist On Holiday
In this case study, we look at how a claimant was injured whilst on holiday abroad, and how they were able to claim compensation..
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