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Injured At A Short-Term Rental? 5 Challenges You Now Face

Law Blog

Were you injured while at a short-term vacation rental? Injuries or damage to your property at a vacation rental can ruin your trip, call for longer-term recovery, and even result in permanent injury. But getting the compensation you need is made more difficult in this rental situation. Here are a few challenges you may face and what to do about them. 

1. Limits of Premises Liability. Before you can claim compensation or sue for damages, you must establish liability. Many accidents fall under the premises liability of the homeowner or host. However, this cannot be assumed to be the case because it's the foundation for your entire case. You must demonstrate a clear link between some act of recklessness or negligence and the resulting injuries. 

2. Variable Insurance Coverage. Short-term rental hosts may carry one or more insurance policies from a variety of sources. They may or may not have appropriate business insurance instead of homeowners insurance, which may cause denial of claims. They may have purchased insurance or use a guarantee through their online platform. Or they may simply carry insufficient coverage entirely. Your legal team may have to figure out who you can pursue for damages. 

3. Involvement of the Platform. What sort of liability might the rental platform itself have? Depending on the circumstances of the injury, the platform might be held liable for falsehoods in the listing, for failure to ensure safe practices, or even for permitting criminal activity to occur through its platform. And while suing the platform may be necessary, it involves a much more complex legal case. 

4. Your Party's Actions. In its effort to absolve a host of liability, your own actions will be scrutinized. If someone was injured during a wild bridal party weekend, everything from the group's size and makeup to its alcohol consumption to what the sleeping arrangements were could be held as reasons you were actually at fault. The more you document what really happened, the better you can prove the true liability. 

5. Differing Local Laws. Short-term vacation rentals are regulated by the different cities, counties, states, and countries in which they operate. So the laws pertaining to their use, legality, and operation may vary wildly. And if you're not from that locale, you may need legal help navigating licensing, permit, and liability laws with which you're not familiar. 

Where to Get Help

Clearly, anyone who may have been injured or suffered property damage while staying at a rental home should start by meeting with an experienced personal injury lawyer in that location. They will advise you on how to build a strong case and avoid pitfalls while dealing with hosts, their platforms, and insurance carriers. Call a resource like Todd East Attorney at Law today to make an appointment. 

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11 February 2021