Rental Homes, Airbnb, and Injured Kids: Who’s to Blame?

Thanks to platforms like Airbnb, rental homes have increasingly become a popular alternative to hotels for families vacationing with children. Because rental homes are often more spacious than hotel and motel rooms, they may appeal to families with kids who naturally want room to play and explore. However, it’s important to understand that various hazards at an Airbnb or similar rental property could theoretically put children in danger of being injured. Property owners and other such parties have a responsibility to mitigate these hazards to guard against injury to vulnerable guests.

Hopefully, your child will never suffer serious injuries as a guest at a host property, but should an incident occur, it’s important to understand your potential legal options. Depending on various factors, you may be eligible to recover compensation for medical bills and related losses resulting from your child’s injuries. However, these cases can be complex, as it’s often not clear who’s liable when a child is injured at an Airbnb or other such rental home.

Potential Ways Children Can Be Injured at Airbnb Rental Homes

The list of potential hazards that might pose a risk to children at rental properties is long. This is because these rental properties come in various forms. For example, an Airbnb with a pool will carry with it a much higher drowning risk than one without a pool.

General hazards to be aware of and to check for when staying at an Airbnb with your family include:

• electrical hazards
• fire hazards
• hazards resulting from poor property maintenance such as uneven steps or footpaths
• lack of cleanliness, which can contribute to health issues
• the potential presence of harmful materials or substances on the property
• the presence of firearms or other such potentially hazardous items
• lack of access to running water or any other such necessities

Again, the types of hazards and risks that you might encounter at an Airbnb will depend on numerous factors. Another factor to consider is whether previous renters engaged in activities that might affect your trip in ways you hadn’t anticipated.

For example, in one tragic case, a young child lost their life after being exposed to fentanyl at a rental home. The parents, who have proceeded with legal action, have indicated they believe the fentanyl may have been on the property because a previous renter had thrown a party there and cocaine was present.

Once more, these aren’t scenarios you want to dwell on when planning a vacation with your family. Still, if your child has been hurt at an Airbnb or a rental property like this, you should consider how liability complexities can affect your potential case.

Who’s Liable if Your Child is Hurt at an Airbnb Rental Property ?

Platforms like Airbnb often carry host liability insurance that can apply in certain circumstances when guests are injured on the property. In addition, it’s not uncommon for hosts to also need their own insurance.

Who may be liable when a child is injured at an Airbnb or similar rental home? Depending on the unique factors of the case, parents taking action on behalf of their injured children might file claims with:

• the insurance of Airbnb or the other rental platform
• the property owner
• the rental property manager
• previous guests
• a third-party booking company

These are just a few common examples. Again, specific factors can influence how these cases develop. For example, perhaps a child was injured at an Airbnb as a result of using an unsafe or defective product. In this case, the liable party may be the product’s manufacturers or designers.

What’s most important if you believe your child has been injured due to someone else’s negligence while staying at an Airbnb is ensuring they receive proper medical care. If your child has been involved in any incident that has resulted harm, make sure they see a doctor as soon as possible, even if they aren’t initially displaying obvious signs of injury. Document any hazards that might have contributed to their injuries and preserve all the evidence you can.

Filing a claim to seek compensation may be an option, but remember that the insurance company is not on your side when it come to making settlement offers. A better practice, before engaging in direct negotiations with the insurance company, is to strongly consider reviewing your case with a legal professional.

At Swartz & Swartz, P.C., our Boston child injury lawyers will review your case and, if you decide to work with us, provide aggressive representation. Learn more by contacting us online today or calling us at (617) 742-1900 to set up your free consultation.

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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.