What to Do if You Are Injured in a Las Vegas Rental Property or Airbnb

When traveling to Las Vegas, the last thing you would expect is to get involved in a rental property or Airbnb accident. Unfortunately this can happen, even in luxurious settings. Whether you slipped on a wet surface, sustained an injury from defective furniture, or came across a safety hazard, it is important to know your rights and what to do shortly after such an incident occurs.

Common Causes of a Las Vegas Rental Property or Airbnb Injury

Injured clients at a Las Vegas Airbnb or rental property can experience bodily harm due to various factors, often involving the condition of the premises itself or reckless actions committed by those who are staying there. Understanding the common causes of these injuries can help hosts and guests implement safety measures to prevent such issues from happening.

Slip and Fall Accidents

Slip and fall accidents can occur while on rental property or in an Airbnb. The owner’s responsibility is to ensure the territory is habitable. This will require them to resolve any issues that are present, like:

• Uneven floors
• Faulty stairs
• Loose tiles
• Damaged carpets

Rental property owners or Airbnb hosts who fail to maintain safe conditions may face legal repercussions for negligence.

Negligent Security Issue

Security issues can leave guests exposed to harmful conditions that can put them at risk of sustaining injuries. Some notable factors that can contribute to such an outcome include:

• Damaged locks or doors
• Faulty security systems
• Inadequate security personnel
• Insufficient fencing or barriers

Either of these can provide easy access for others to enter the premises and threaten the safety of the renters.

Faulty Equipment

Defective equipment can inflict minor to serious bodily harm on a guest. Examples of such faulty products include:

• Malfunctioning heating and cooling systems
• Broken furniture
• Shock or gas leaks from a kitchen appliance

Property owners or Airbnb hosts will be held liable for neglecting their duties and failing to let guests know in advance about the hazards.

Toxic Substances

If toxic substances are present in a rental property or an Airbnb, it can put guests in a dangerous position that will ultimately affect their health. Any exposure to harmful chemicals or materials can lead to serious or life-threatening injuries. Property owners who do not carefully examine the premises for this particular issue will neglect maintenance obligations and be met with legal repercussions from the affected victims.

Swimming Pool Accidents

If an Airbnb host or property owner has a swimming pool available on the premises, they will need to make sure it is safe and usable. Adequate protective measures, like fencing and warning signs, should be placed around the area to prevent guests from getting hurt. Pool safety and maintenance regulations must also be considered before allowing people to take a dive in.

What to Do After a Premises Liability Injury

It is important to know what to do after a premises liability injury to protect your well-being and legal rights. Considering the appropriate actions sectioned below can greatly affect the outcome of your lawsuit and your recovery.

Get Medical Attention

Your health should be your first priority. Be sure to seek immediate medical attention, even if it may appear minor. Your doctor will assess the impacted area and diagnose the condition. Then, they will share a treatment plan that is best suited to help with your healing process. All doctor visits will be documented, and can be used as evidence in your premises liability claim.

Report the Injury to the Property Owner

Be sure to notify the property owner or manager about the incident. If they create a written accident report, you should request a copy of it to use for your case.

Gather Evidence

To develop a strong claim, you will need to collect substantial evidence. This includes:

• Witness information
• A copy of the incident report
• Photos of your injury, what caused it, and where it occurred
• A copy of your medical records
• Written documentation of how the injury has affected your daily life

Consult with a Las Vegas Premises Liability Lawyer

Seeking legal assistance from a personal injury law firm, like West Coast Trial Lawyers, can help ease the process of filing a lawsuit. Our Las Vegas team understands the laws and regulations surrounding premises liability claims, and will guide you through the complexities of the situation. Our goal is to ensure we get you the compensation you deserve for your losses, like:

• Medical bills
• Lost wages
• Pain and suffering

How to Prove Liability

Proving liability will require you to show how the opposing side was negligent, and that their actions were the reason for your injuries. The key elements you will need to establish in your lawsuit include the following:

• The defendant owed you a duty of care. In this situation, the property owner should have provided a safe environment for you to occupy.
• The defendant breached their duty of care. This could involve neglecting maintenance duties.
• You sustained damages as a result of the defendant’s reckless behavior. You will need to show how their negligence was the actual cause of your losses.

Potential defendants in rental property or Airbnb liability claims will vary on a case-by-case basis.

Property Owner

A property owner is required to maintain safe conditions before allowing renters in. If they fail to upkeep the premises adequately, they will be held liable for any injuries that occur. Which is why, it is important for property owners to take all necessary steps and precautions to ensure the safety of their guests and prevent any premises liability claims from arising. 

Property Manager

Property managers are third-party professionals or companies that have been hired by the owner to manage daily operations. They are expected do the following:

• Install safety features
• Respond to guest complaints about unsafe conditions
• Screen guests
• Handle security issues
• Hire qualified maintenance workers and contractors
• Comply with local laws, building codes, and health regulations

These are some of the many obligations a property manager must fulfill. Neglecting these duties can lead to injuries.

Airbnb Host

Airbnb hosts must keep the premises safe for guests to use. Liability may arise if they fail to act promptly to hazardous conditions, like slippery floors or damaged equipment. Inadequate security measures and lack of care towards guest complaints may also apply. In addition, they could be met with legal repercussions if they hire unqualified contractors and/or violate local laws.

Under Airbnb host protection insurance, hosts are given up to $1 million in coverage if they are found legally responsible for injuries to guests or for damages or theft done to personal belongings during their stay. This may also apply to Co-Hosts and cleaners, providing additional protection to those who are involved in hosting.

Maintenance Personnel

A maintenance personnel who performs repairs poorly can promote a hazardous environment. Taking no proper action to provide habitable conditions for guests can increase the chances of injuries. As a result, the maintenance personnel can be held accountable for any damages that may occur by the dangerous objects present in the area.

Manufacturers

Manufacturers must develop and provide functional equipment. Allowing defective products, like appliances or furniture, to be accessible to guests can put them at risk of getting injured. In cases like this, legal action could involve not only the manufacturer, but the property owner, as well.

Property owners are expected to inspect the premises prior to allowing guests in. Failing to detect or resolve faulty items within the facility could result in liability for negligence for two reasons: Being irresponsible with safety measures and refusing to address potential hazards before a guests arrival.

Other Guests

In certain cases, guests could be the primary cause of an injury. For instance, if they leave hazards around, like wet floors or objects scattered around the premises, it could trigger people to slip and fall. Violence and physical altercations are another concerning factor that may result in harm. Property damage, such as broken furniture or shattered glass, could also pose risks to others.

Liability Claims and Insurance Coverage

Premises liability insurance protects a property owner from claims pertaining to personal injury, property damage, and negligence that take place on rental property or an Airbnb.

This can cover various forms of accidents, including:

• Slip and falls
• Defective equipment
• Toxic substances
• Fires
• Criminal assault
• Dog bites
• Elevator and escalator accidents

When dealing with rental property or Airbnb injuries, the insurance company will play an important role in managing premises liability claims and offering coverage for damages incurred.

Premises liability insurance is a type of coverage that falls under the broader umbrella of Commercial General Liability (CGL) insurance. It specifically addresses injuries and damages that happen on the property due to negligence or hazardous conditions.

Property owners and Airbnb hosts that purchase a CGL policy will receive protection against risks associated with their premises as well as other operational liabilities. This can help lessen financial costs and allow them to confidently conduct their services knowing they have such protections set in place.

How Long Do You Have to File a Premises Liability Claim in Las Vegas?

In Las Vegas, you will be given two years from the date of when the injury occurred to submit a premises liability claim. It is important to file your lawsuit within the time frame to maintain your right to seek compensation for the damages you endured. If you miss the deadline, you will no longer be given the opportunity to take legal action against the responsible party.

Be sure to consult with a premises liability lawyer to understand what specific time limit will apply in your situation. You will also receive guidance during the duration of the lawsuit to ensure you prepare and present the right documents and evidence needed to strengthen your claim.

Available Compensation in a Premises Liability Case

In a premises liability case, available compensation will vary depending on the following factors:

• The extent of your injury
• Current and future medical costs
• Lost income and earning capacity
• The degree of fault committed by each side

Generally, economic damages and non-economic damages will be awarded.

Economic damages are financial expenses you endured as a result of the other party’s negligence whereas non-economic damages are any non-monetary costs you experienced after the incident, like emotional distress and pain and suffering.

In rare cases, punitive damages may be granted to punish the defendant for egregious or reckless behavior and to prevent such conduct from happening again in the future. To establish entitlement to these damages, you will need to show how the defendant acted with malice or gross negligence.

Get Legal Help with Rental Property or Airbnb Injuries for FREE

If you sustained bodily harm while on rental property or in an Airbnb, you may be given the right to sue to recover compensation. At West Coast Trial Lawyers, we specialize in handling personal injury, including Airbnb injury claims, and will guide you through each stage of the legal process to make sure you are granted a fair settlement. 

To schedule a free consultation with a knowledgeable Las Vegas personal injury attorney, you can connect with our 24/7 legal team by calling (213) 927-3700 or completing our convenient online contact form.