Injured at Airbnb property

Old Jun 24, 19, 2:30 pm
  #1  
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Injured at Airbnb property

I was injured at an Airbnb property in the US. I informed Airbnb already about it when I wrote my review for the host and they assigned an insurance adjuster to handle my case. Some questions:

1. It seems that the insurance adjuster creates some conflict of interest between the Airbnb and the host. On one hand, it represents Airbnb. But if I am not satisfied with its proposed settlement amount, I will file a lawsuit against the host. So, the adjuster may want to have me reject his offer and sue the host instead. Is my logic correct?

2. Has anybody been in my situation before? What's your advice? What were the total damages and what was the settlement amount, if you don't mind disclosing?

3. My injury most likely does not warrant a trial. What are my general strategies to maximize my settlement? What online resources are useful?

I know these are general questions, but I am new to this topic and I certainly appreciate your help.
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Old Jun 24, 19, 2:40 pm
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Care to describe the nature of your injury and how it happened? This would help add some context.
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Old Jun 24, 19, 2:42 pm
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Originally Posted by Saint4805 View Post
Care to describe the nature of your injury and how it happened? This would help add some context.
Slip and fall. Muscular injury.
No fractures or concussion.
However, I did have to do an MRI and have extended physical therapy to soothe my pain. Thanks for the quick reply.
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Old Jun 24, 19, 2:44 pm
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The first question you have to ask yourself is whether you think it's worth lawyering up. Did you roll an ankle or get seriously hurt due to some defect of the property? Flyertalk can armchair quarterback it for you but at the end of the day you are going to want to get some actual legal counsel.

I stayed in an Airbnb three weeks ago that I felt was pretty unsafe. It was a super-cool place and we had a nice stay, but I made sure to point out to my kids where they needed to be super careful due to some missing hand rails and an area with some kind of homebrew construction. The place was not in the U.S. The whole Airbnb model still has some serious issues that have yet to be resolved, and safety is definitely one of them.
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Old Jun 24, 19, 2:46 pm
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I would call a personal injury lawyer. The case doesn't have to go to trial. For your legal benefit I urge you not to post more details of the situation online.
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Old Jun 24, 19, 2:47 pm
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You are asking for advice without any specifics.

Regardless, when my wife says for a few weeks a year we could make a profit via Airbnb with our home, I refuse. We have a new home that meets current codes, but that won't stop the ambulance chasers from creating something out of nothing. But even if I had an old home that met code at the time, what happened to self responsibility?

Renting via Airbnb is assuming a lot. My best friend loves it as its cheaper. He has had some good ones, and some total crap joints. He isn't a fan of FT, but I asked him his opinion. He laughed and shared way too many foul words for me to share. In short, he takes personal responsibility knowing that a new property he isn't familiar with could be great, could be a death trap.

So to the OP, no idea if you are old and blind and need your hand held, or someone young and often drunk, and need your hand held... Either way, we live in a someone else is responsible United States, so have at it and report back.

Last edited by COSPILOT; Jun 24, 19 at 3:14 pm
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Old Jun 24, 19, 3:34 pm
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Originally Posted by Barkinpark View Post
Slip and fall. Muscular injury.
No fractures or concussion.
However, I did have to do an MRI and have extended physical therapy to soothe my pain. Thanks for the quick reply.
Soooo, what makes you think that the property is at fault? I admit, it's hard not to judge without knowing all of the facts but people need to start owning up to their own mistakes. Can't go around suing people every time something bad happens to you.
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Old Jun 24, 19, 3:39 pm
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Originally Posted by s4popo View Post
Soooo, what makes you think that the property is at fault? I admit, it's hard not to judge without knowing all of the facts but people need to start owning up to their own mistakes. Can't go around suing people every time something bad happens to you.
Without going into specifics, there was a electrical malfunction and a design fault in front yard.
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Old Jun 24, 19, 3:40 pm
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Originally Posted by Barkinpark View Post
I was injured at an Airbnb property in the US. I informed Airbnb already about it when I wrote my review for the host and they assigned an insurance adjuster to handle my case. Some questions:

1. It seems that the insurance adjuster creates some conflict of interest between the Airbnb and the host. On one hand, it represents Airbnb. But if I am not satisfied with its proposed settlement amount, I will file a lawsuit against the host. So, the adjuster may want to have me reject his offer and sue the host instead. Is my logic correct?

2. Has anybody been in my situation before? What's your advice? What were the total damages and what was the settlement amount, if you don't mind disclosing?

3. My injury most likely does not warrant a trial. What are my general strategies to maximize my settlement? What online resources are useful?

I know these are general questions, but I am new to this topic and I certainly appreciate your help.
Please continue to follow this thread as I move it to Non-hotel Lodging Services including Airbnb and VRBO Forum
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Old Jun 24, 19, 3:48 pm
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You have a choice to make. It is unlikely that AirBNB, the host or either of their carriers will pay anything without obtaining some facts. Whether the adjuster has a conflict as between AirBNB and the host is not relevant to you.

Thus, either you deal with AirBNB/host or the adjuster or you obtain a lawyer to do so on your behalf. How you pay that lawyer and whether it is a contingency or an hourly rate or something else is for you to determine.

What makes sense here is way beyond anything anybody here can advise on as we still don't know how serious the injuries were, how much money is involved, where it all took place, where you reside, and a whole bunch of other facts. Those are largely facts you should not post on an internet forum.
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Old Jun 24, 19, 4:47 pm
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Originally Posted by Barkinpark View Post
I was injured at an Airbnb property in the US. I informed Airbnb already about it when I wrote my review for the host and they assigned an insurance adjuster to handle my case. Some questions:

1. It seems that the insurance adjuster creates some conflict of interest between the Airbnb and the host. On one hand, it represents Airbnb. But if I am not satisfied with its proposed settlement amount, I will file a lawsuit against the host. So, the adjuster may want to have me reject his offer and sue the host instead. Is my logic correct?
AirBNB offers $1 million in liability insurance to all hosts. The adjuster works for the insurance company and their job is to pay you as little as possible. If you cannot reach a settlement agreement, the insurance company will pay to defend the host. No conflict of interest -- they're all working against you.

2. Has anybody been in my situation before? What's your advice? What were the total damages and what was the settlement amount, if you don't mind disclosing?

3. My injury most likely does not warrant a trial. What are my general strategies to maximize my settlement? What online resources are useful?

I know these are general questions, but I am new to this topic and I certainly appreciate your help.
Originally Posted by davie355 View Post
I would call a personal injury lawyer. The case doesn't have to go to trial. For your legal benefit I urge you not to post more details of the situation online.
A personal injury lawyer is unlikely to take your case. PI attorneys work on contingency, and from the sounds of it, you may have just suffered a few thousand dollars in damages. The attorney work likely lose money on your matter. However, you may be able to pay an attorney to write a demand letter for you. It will likely cost you a few hundred dollars.

You need to make an itemized list of our actual damages. Medical bills (understand your health insurance company will try to claw that money back.), lost wages, expenses you incurred as a result of your injury, including the inability to enjoy your vacation. Damages for pain and suffering are unlikely, particularly if this didn't cause any permanent injuries. Send a reasonable list to the adjuster if you don't want to hire a lawyer to write a demand letter for you. Be prepared to file a lawsuit in small claims court (if your damages fall below the threshold). Understand that you'll have to file it in the jurisdiction where the injury occurred, not in your home court. You'll likely be able to recoup filing fees but unlikely to recoup travel expenses.

The state in which this occurred is also a key consideration. What kind of negligence laws exist? In personal injury cases, you also bear some responsibility for your own safety. You say there was an electrical malfunction and a design fault in the front yard. Was this something that a reasonable person might have noticed and avoided? That may hurt your case. (Read up on comparative and contributory negligence.)
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Old Jun 24, 19, 7:19 pm
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Not much info to have any idea of what may happen.
As someone has mentioned before, you are your best advocate. That includes watching out for yourself.

Sounds like it could be a burnt out light bulb, childs wagon in yard or sidewalk, a trip, fall and minor injury. I almost always carry a mini-maglite with me just for potentials like this.
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Old Jun 24, 19, 10:07 pm
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Originally Posted by chgoeditor View Post
AirBNB offers $1 million in liability insurance to all hosts. The adjuster works for the insurance company and their job is to pay you as little as possible. If you cannot reach a settlement agreement, the insurance company will pay to defend the host. No conflict of interest -- they're all working against you.

.)
Glad this point was addressed. Spot on.

Same as insurance after a car accident.
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Old Jun 25, 19, 12:10 am
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Originally Posted by s4popo View Post
Soooo, what makes you think that the property is at fault? I admit, it's hard not to judge without knowing all of the facts but people need to start owning up to their own mistakes. Can't go around suing people every time something bad happens to you.
Classic FlyerTalk bootlicking. The victim is always at fault until definitively proven otherwise.

How about insurance companies own up to their insureds' mistakes and promptly and fairly pay victims' legitimate claims without them having to lawyer up?
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Old Jun 25, 19, 3:27 am
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Originally Posted by COSPILOT View Post
You are asking for advice without any specifics.

Regardless, when my wife says for a few weeks a year we could make a profit via Airbnb with our home, I refuse. We have a new home that meets current codes, but that won't stop the ambulance chasers from creating something out of nothing. But even if I had an old home that met code at the time, what happened to self responsibility?

Renting via Airbnb is assuming a lot. My best friend loves it as its cheaper. He has had some good ones, and some total crap joints. He isn't a fan of FT, but I asked him his opinion. He laughed and shared way too many foul words for me to share. In short, he takes personal responsibility knowing that a new property he isn't familiar with could be great, could be a death trap.

So to the OP, no idea if you are old and blind and need your hand held, or someone young and often drunk, and need your hand held... Either way, we live in a someone else is responsible United States, so have at it and report back.
+1

Not referring to this specific case given the absence of details, I'm so glad we don't have the same culture in the UK (apart from the much despised no win no fee lawyers). Nobody would leave their front door at the fear of being sued by ambulance chasers and other scammers. Can imagine it does wonders for the personal injury lawyer and insurance sectors from a profit and tax revenue perspective however.
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