Exploring the importance of safety in vacation rentals and the legal responsibilities of property owners to prevent injuries.
Vacation is a time for fun, relaxation, and escape from daily troubles. You don’t expect to spend time seeking medical attention after sliding down the slippery stairs of your Airbnb rental overlooking the water or being involved in another accident at your vacation rental in New Jersey. Many injuries can occur in vacation rentals with unsafe conditions. Who is responsible for your injuries: Airbnb, the property owner, the landlord, or another party. It is essential to understand the potentially liable parties when vacation rental accidents occur in New Jersey and the legal avenues that may be available to ensure that you receive just compensation.
Legal Obligations of Vacation Rental Property Owners and Liability for Injuries in New Jersey
Property owners can often be held liable for your injuries under the legal principle of premises liability. That means that when a property owner’s negligent maintenance of a property causes another injury, they are responsible for compensating the injured party. So, when a property owner knows or should have known that the polished wood on the stairs is extremely slippery when quickly moving socked feet hurry down them, they may be responsible when an individual slips and tumbles down the stairs. Any reasonably known dangerous condition on the property exposes the property owner to liability for injuries to renters and visitors. As such, property owners are often primarily responsible for injuries as they are in the best position to prevent injuries by maintaining safe properties.
Airbnb Responsibility when Accidents Occur at Short-Term Rental Properties in NJ
In New Jersey, Airbnb is subject to legal restrictions applicable to short-term rentals. Only property owners primarily living in the property may participate in short-term renting their property. They must obtain and pay a fee for permits and a minimum insurance policy of $500,000.00 to cover injuries in compliance with local ordinances and state laws.
In that same vein, Airbnb may be responsible to the injured party if it knows the property owner’s rental property is unsafe and yet allows the property owner to rent through its website. Airbnb is a middleman between the renter and the landlord or property owner. It is not responsible for maintaining properties, but it may provide extra insurance money when an injured party sues an underinsured property owner.
Additionally, Airbnb may be responsible for your injuries if they negligently misrepresented the property on its website. The property pictures may be dated, unverified, or misleading, omitting portions under construction or ungated pools. By failing to verify ownership and vet property owners they list on their site, they may be responsible for ensuing damages, especially if guests have complained to the company about a property or property owner previously.
Property Managers’ Role in Ensuring Safety of Vacation Rentals and What Happens when their Negligence Results in an Accident
If a property manager rented to you, state law may allow you to file a personal injury claim against anyone whose negligence resulted in your injury. The individual who rented to you may know or should know about dangerous conditions on the property by visual inspection or otherwise.
Other Potentially Liable Parties for Airbnb, Vrbo, & Rental Property Injuries in New Jersey
Other parties potentially liable for guest injuries include cleaning crews that leave the property unsafe or contractors that leave dangerous conditions on the property without adequate warning or protection to guests. And homeowner’s associations responsible for maintaining safe common areas in condominium complexes or other housing complexes may be liable when they are negligent in keeping those areas free of obstructions, poor lighting, or walkway dangers.
Typical Safety Issues that Lead to Vacation Rental Injuries
Common injury causes in vacation rentals include slips and falls, swimming pool accidents, defective appliances or furniture, and lack of security.
Hazards that Lead to Falls
Guests at rental properties can slip and fall during their vacation stays for numerous reasons. For example, when lifted pavers leading to the property cause someone to trip and fall, the owner and others may be liable for a guest’s injuries.
Swimming Pools
Swimming pools without fencing can be hazards, especially to young children inhabiting rental property. Locked and gated pools help keep rental occupants safe. Also, maintaining pool equipment to keep pool water safe and sanitary is crucial to avoid infections or skin conditions.
Broken Furniture and Appliances
Sharp counter corners, appliances with frayed chords, and broken furniture may also be sources of injuries, including lacerations, burns, infections, fractures, and bruises when chairs collapse, toasters catch fire, or oven smoke.
Lack of Security
Defective gates, doors, and pool locks protect patrons, as does adequate lighting to enter the property, especially in a rural setting without much outside lighting from the streets or neighboring houses. Burglar alarms also protect against intruders.
Crucial Considerations When Building a New Jersey Vacation Rental Accident Claim
To recover financially from your injuries, you must prove that the responsible party was negligent in maintaining and promoting the property for short-term rental purposes. Negligence consists of four elements: duty, breach, causation, and damages.
A plaintiff in a lawsuit must prove that the defendant property owner or other liable party owed a duty of care to you to maintain their property in a safe condition. They breached that duty of care when they rented property with defects or dangerous conditions that the defendant knew or should have known existed on the property, and your injuries resulted from that breach, meaning the unsafe conditions. As a result of your injuries, you suffered financial and emotional losses.
Once you file a premises liability claim, you must prove negligence and damages with evidence. Typical evidence includes photos or films of the property, including the dangerous furniture, pool, appliances, or other unsafe conditions. You may provide statements from witnesses, like neighbors or previous renters, about the property’s condition. You may have emails with the property owner or manager about the property’s condition and medical bills, wage loss statements, and psychiatric bills to show the extent and costs of your injuries.
The evidence you gather must tell the story and show the picture of your accident and resulting damages. The way you present the evidence and to whom is critical. Getting legal help from an experienced attorney is highly advisable since you need to know who is responsible for your short-term rental accident, how to fully investigate and gather evidence, and the best way to prepare and present your claim to maximize your damages recovery.
Protect Your Rights and Seek Just Compensation for Your Injuries with Assistance from our New Jersey Airbnb Accident Attorneys at Cohen & Riechelson
Liability issues are not always clear in vacation rental accident cases in New Jersey. Insurers for Airbnb, the property owner, the property management company, and other potentially responsible parties may attempt to shift the blame and make it challenging to recover compensation for your injuries. If you have been injured in an Airbnb or vacation rental due to someone else’s negligence in West Windsor, Princeton, Burlington, Hamilton, Trenton, Titusville, Pemberton, or anywhere else in New Jersey, our personal injury attorneys at Cohen & Riechelson are fully prepared and committed to assisting you. With over 5 decades of experience, our New Jersey personal injury lawyers can guide you through the preparation and prosecution phases of your premises liability claim to ensure a successful outcome. Contact us at (609) 528-2596 for a free consultation today.
