Who Is Liable if I Was Injured at an Airbnb in Nashville?
Posted in Slip and fall on January 10, 2019
Airbnb is a popular option for travelers who do not want to stay in a traditional hotel or who want to save a few extra dollars on accommodations. While the homestay model of Airbnbs offer a unique experience outside of the hotel industry, guests are staying in someone else’s home and could experience significant risks. If you sustain an injury while staying at an Airbnb in Nashville, you may wonder what your legal options are for pursuing a legal claim. Determining liability in Airbnb cases can be complex and involve multiple parties.
Tennessee Premises Liability Law
In the state of Tennessee, a person or entity responsible for keeping a property safe may be a defendant in a premises liability lawsuit involving negligent maintenance. You may be able to collect damages related to your injury in the lawsuit, including medical expenses and lost income due to recovery.
Depending on the circumstances of your accident in an Airbnb, you could name up to three people in your lawsuit.
- The owner of the Airbnb listing
- The property landlord
- Airbnb
Tennessee requires different levels of care for different classes of visitors. As an Airbnb guest, the state considers you a Business Invitee. Under this class, you receive the highest standard of care from the property. The person in charge of property safety, usually the listing owner, must make sure that his or her property is safe for you to stay on. If the listing owner cannot guarantee the safety of certain property aspects, he or she must warn you of potential danger.
Airbnb’s Role in Liability Claims
When you book an Airbnb in Nashville or anywhere else in the United States, Airbnb provides you with liability insurance. The company allows up to $1 million in coverage to Airbnb hosts who experience property damage or are defendants in a lawsuit for premises liability. If you travel outside of the United States, however, Airbnb does not provide liability coverage.
However, if you do experience an injury on an Airbnb property, the company will encourage you to file a claim with your own insurance company before filing a claim against Airbnb. If your insurance company denies your claim, Airbnb will provide coverage. In addition, the company only offers coverage after the property owner meets the policy limits of his or her homeowner’s or tenant’s insurance.
Listing Owner Insurance Considerations
Before you can file a claim with Airbnb, you will most likely have to file a claim with the listing owner’s insurance company. However, many homeowner insurance policies do not cover damages or injuries if the policyholder uses the property for commercial purposes, like Airbnb. You should check with the company to make sure that this exclusion is applicable to your situation.
If this is the case, you will need to file a claim with Airbnb. If the $1 million limit on damages is not enough to cover the extent of your damages, you can look into filing a lawsuit in Tennessee civil court.
Filing a Personal Injury Lawsuit for Airbnb Injuries
Under Tennessee premises liability law, you can file a personal injury lawsuit against the owner of the property and/or the owner of the Airbnb listing. Through a lawsuit, you can collect compensatory damages for any of the following losses.
- Medical expenses related to the injury, including hospitalization costs, surgeries, medications, and physical therapy
- Lost income due to recovery from the injury
- Pain and suffering
- Mental anguish
- Loss of quality of life
- Any out-of-pocket costs related to the injury
Proving liability in premises liability cases can be difficult to accomplish alone. Hiring a Nashville personal injury attorney to investigate the incident on your behalf can help you build a compelling case and uncover key pieces of evidence to support your claim. To reduce stress during the claims process, hire an attorney to recover your Airbnb injury damages.