When you have rented an Airbnb property, there are times when you may not be satisfied. There is a stark difference between a property that may not be up to your standards and one that is dangerous.
It is vital that you let Airbnb know when there are dangerous conditions on the property. You should do it for your own protection if you have been injured on the property. If you have been injured when staying at an Airbnb, the attorneys at Horton & Mendez can help you take legal action that could result in financial compensation. Call our Wilmington vacation rental accident lawyers today to schedule a free initial consultation.
How the Airbnb Complaint Process Works
Airbnb has struggled with its customer service and complaint system over the years. The company tries to balance the interests of its hosts and guests in a way that best furthers the company’s own business. While the company has been accused of favoring guests over hosts, many dissatisfied guests feel the opposite way.
Recently, Airbnb has extended the window for guests to file complaints about travel issues until 72 hours after the discovery of the issue. Guests may be able to receive a full or partial refund. One of the reasons why Airbnb may refund money is because of unsafe or unsanitary conditions at the property.
Airbnb promises to investigate customer complaints and take action when they learn of dangerous conditions or wrongful business practices. In some cases, Airbnb has been known to remove unsafe properties and hosts from the platform. However, some injured guests report that they still saw dangerous properties listed on the Airbnb platform, even after they reported injuries to Airbnb.
Examples of unsafe Airbnb properties
Below are dangerous conditions that may warrant a complaint to Airbnb:
- Defective flooring and other slip and fall risks
- Lack of adequate security
- Fire and electrocution risks
- Assaults by other guests staying in the home
How to File a Complaint with Airbnb
Here are the steps that you should take to notify Airbnb of dangerous conditions on listed properties:
- File your complaint with Airbnb through their online platform within 72 hours of the conclusion of your stay
- Provide them with the necessary documentation that evidences your claim, including pictures of the dangerous condition
- Provide Airbnb with copies of your communications with the host
Airbnb’s agreement with its hosts contains many provisions that are intended to protect the company. Airbnb reserves the right to suspend a host or even remove them from the platform entirely. If the company finds that a host’s property is dangerous or unsafe, Airbnb may even opt for the latter approach. The company wants to maintain its reputation with customers, and guest injuries are very bad for business.
A Prompt Complaint Could Help Your Legal Case
Filing a complaint is about much more than the satisfaction of knowing that you took action. There are practical and legal benefits to documenting the condition and what happened for Airbnb. If Airbnb agrees that the host put you in danger, it could be beneficial to proving your case.
When you have a complaint about a dangerous condition, you need to also think about documenting it for a future possible case. Of course, you should take pictures of the dangerous condition when you are at the property, especially when you or a loved one have been injured.
You would need contemporaneous records to help prove your case. Your complaint to Airbnb would serve two purposes. Not only would it alert the company that something was wrong so they could take action, but it could also create a record for you to use to help with your own case.
If you file an insurance claim or lawsuit, one of the first questions that you may be asked is whether you did anything to alert Airbnb. Your complaint may be one of your most compelling sources of evidence because it would presumably include pictures and an explanation of what happened at the time.
How to File a Claim for Compensation After an Airbnb Injury
Like any other company that bills itself as a third-party intermediary providing a platform, you cannot sue Airbnb directly for injuries that you suffered at a property. However, Airbnb does provide a $1 million insurance policy for its hosts. You can also sue the host directly for the damages that you suffered.
Your legal cause of action against the host is a premises liability case. You may even be able to sue both the host and the property owner if they are not the same people. The Airbnb host assumes the duty of care when they hold their property out to you. They must take reasonable care to keep you safe while you are on their property. While they do not have an obligation to prevent every single accident, they would be liable when they were negligent.
Legal Help for Your Airbnb Injury Case
In an Airbnb injury case, you would have two legal options to obtain financial compensation:
- You could file a claim against the host liability insurance policy and negotiate a settlement agreement
- You could file a lawsuit against the host in court
We will review your case and discuss your strongest legal options and arguments, so you can seek financial compensation. You would still need to prove that the property owner acted unreasonably under the circumstances to be in a position to receive financial compensation.
Contact Us About an Injury at an Unsafe Airbnb Today
If you have been injured at an Airbnb or Vrbo property, you may be entitled to financial compensation. First, you would need to deal with the insurance company, and that is not always easy.
The attorneys at Horton & Mendez can investigate the accident that injured you and help you work towards a potential settlement check. Your first step is to contact us to discuss your case. You can schedule an initial consultation by calling us today at 910-405-7751 or sending us a message through our website.
