Illinois VRBO, Airbnb, and Short-Term Rental Slip and Fall Lawyers

Top-Rated Accident Attorneys for Victims Injured at Short-Term Rental Properties

In Illinois, the surge in popularity of short-term rental platforms like Airbnb and VRBO has transformed the lodging landscape. While these platforms offer unique accommodations and income opportunities for property owners, they also present legal complexities, especially concerning guest injuries. Slip, trip, and fall incidents are among the most common accidents reported at these properties. Understanding the legal implications, common injuries, causes, and challenges associated with these incidents is crucial for both guests and hosts.

At John J. Malm & Associates, we understand the serious consequences that can result from a slip, trip, or fall at a short-term rental property like Airbnb or VRBO. These incidents often lead to painful injuries, costly medical bills, and significant disruptions to your life. Our experienced Illinois slip and fall attorneys have successfully represented clients injured in premises liability cases across the state. We know how to investigate rental property hazards, hold negligent property owners accountable, and challenge legal roadblocks like arbitration clauses that limit your right to fair compensation. If you’ve been hurt while staying at a vacation rental, we’re here to help you understand your rights and recover the compensation you deserve.

Premises Liability in Illinois

Under Illinois law, property owners owe a duty of care to visitors of their property, including guests at short-term rentals. This duty requires maintaining the property in a reasonably safe condition, addressing known hazards promptly, and warning guests of dangerous conditions on the property. Failure to do so can result in liability for injuries that occur on the property.

Common Causes of Injuries at Short-Term Rentals

Several factors contribute to slip and fall incidents at short-term rental properties:

• Wet or Slippery Floors: Spills, leaks, or recently cleaned surfaces without proper signage can lead to accidents.
• Uneven Surfaces: Loose rugs, uneven flooring, or damaged stairs pose tripping hazards.
• Poor Lighting: Inadequate lighting in hallways, staircases, or entryways can obscure hazards.
• Obstructed Pathways: Cluttered walkways or improperly placed furniture can impede movement.
• Outdoor Hazards: Icy sidewalks, wet leaves, or uneven driveways are common external risks, especially during Illinois winters.

In Illinois, property owners must regularly inspect and maintain their premises to mitigate these risks and ensure guest safety.

Common Injuries at Short-Term Rental Properties

Slip and fall accidents can lead to a range of injuries, varying in severity. Some of the most common injuries include:

• Fractures and Broken Bones: Particularly prevalent among older adults, falls can result in hip, wrist, or ankle fractures.
• Head Injuries: Traumatic brain injuries can occur, especially if the individual hits their head during the fall.
• Sprains and Strains: Ligament injuries, such as sprained ankles or wrists, are common and can lead to prolonged discomfort.
• Disc and Spinal Cord Injuries: Falls can cause herniated discs or other spinal injuries, leading to chronic pain or mobility issues.
• Cuts and Bruises: While often minor, these injuries can still require medical attention and lead to complications.

In Illinois, falls are a leading cause of injury among older adults, often with significant medical costs and long-term consequences.

Insurance Coverage and Liability for Short-Term Rentals

Both Airbnb and VRBO offer liability insurance to hosts, providing up to $1 million in coverage for bodily injuries or property damage claims. However, these policies have limitations and exclusions. For instance, Airbnb’s Host Protection Insurance does not cover injuries resulting from intentional acts or certain property conditions. Similarly, VRBO’s liability insurance applies only to reservations processed through their platform.

It’s important to note that standard homeowners’ insurance policies often exclude coverage for business activities, including short-term rentals. Therefore, hosts are encouraged to obtain specialized short-term rental insurance to ensure comprehensive coverage in case a guest gets injured on the property.

Legal Recourse for Injured Guests

If you’re injured at a short-term rental property in Illinois, you have several avenues for seeking compensation:

1. File a Claim Against the Host’s Insurance: If the host has appropriate insurance coverage, you can file a claim to cover medical expenses, lost wages, and other damages.
2. Pursue a Lawsuit: If insurance coverage is insufficient or denied, you may consider filing a personal injury lawsuit against the property owner.
3. Explore Platform Coverage: Depending on the circumstances, Airbnb or VRBO’s liability insurance may provide additional avenues for compensation.

You should consult with an experienced Illinois slip and fall accident attorney to navigate the complexities of such cases effectively and make sure your rights are protected.

Challenges with Arbitration Clauses at Short-Term Rentals

Both Airbnb and VRBO include arbitration clauses in their terms of service, requiring disputes to be resolved through binding arbitration rather than in court. These clauses can limit a guest’s ability to pursue legal action and may restrict the discovery process, potentially impacting the outcome of a claim.

However, courts have occasionally ruled that such clauses are unenforceable, especially if the injured party did not directly agree to the terms or if the clause is deemed unconscionable. In Peterson v. Devita, an Illinois appellate court held that the plaintiff’s injuries were unrelated to his use of the Airbnb he rented, and therefore, was not governed by any arbitration agreement to which he agreed when he registered on the Airbnb site.

Contact the Award-Winning Illinois Short-Term Rental Property Slip and Fall Lawyers at John J. Malm & Associates

Slip and fall accidents at short-term rental properties in Illinois present complex legal challenges. Understanding the responsibilities of property owners, the scope of insurance coverage, and the legal options available to injured guests is essential.

If you or a loved one has been injured at an Airbnb, VRBO, or other short-term rental in Illinois, don’t wait to take action. The legal issues in these cases can be complex, especially with multiple parties involved and arbitration clauses hidden in the fine print. At John J. Malm & Associates, we have the knowledge and experience to fight for your rights and secure the compensation you need for medical expenses, lost wages, and pain and suffering. Contact our office today for a free, no-obligation consultation. We’ll review your case, explain your legal options, and help you hold negligent property owners accountable. Call us now or fill out our online form to get started.