Premises Liability: Your Legal Safeguards Against Hotel And Airbnb Accidents In Miami
Beautiful beaches and plenty of culture, let’s face it, there’s plenty for all to see and do in Miami. So, it’s no big surprise that Miami, FL, is a hotspot for visitors. Over 4 million overseas visitors make their way to Miami each year. This means demand for accommodation is at a high.
Table of Contents
With so many visitors traveling to Miami from across the globe, the short-term rental market has exploded. From hotels to Airbnb’s there’s lots of choice when looking for accommodation in Miami. In fact, Miami is ranked number one in the United States for the highest number of Airbnb short-term rental listings.
Staying in an Airbnb or other short-term vacation rental can save you a ton of money. The appeal of reducing the cost of your stay and having the privacy of your own accommodation is certainly attractive.
There’s no doubt that Miami is a popular place to visit. Taking a vacation here is somewhere where lifelong happy memories can be made. But what happens if your vacation doesn’t go to plan?
If you, a family member, or someone in your party is injured at your vacation accommodation, what should you do?
An injury may spoil your vacation. Worse still, it may leave you with costly medical bills and unable to work. You’ll also likely be left distressed and in pain. Once your vacation is done, the impact of your injury doesn’t end. Instead, it travels home with you.
Visitor Beware
Your Miami vacation accommodation may look like a luxurious choice online. When you’re booking your trip, you may be wowed by impressive photos. But the promise doesn’t always match the reality.
You may find that the glossy images of your accommodation disguise some hidden dangers.
The dream of a relaxed, fun-filled vacation can be ruined if your short-term rental isn’t all it seems.
For this reason, it’s a wise idea to be aware of your legal safeguards when staying in an Airbnb or hotel in Miami.
What is Premises Liability Law in Miami, Florida?
An accident during your Miami vacation can make your dream trip a real nightmare. But could your accident have been prevented?
When you’ve been injured in an accident at an Airbnb or hotel, the property owner could be to blame.
You see, premises liability law states that property owners are liable for injuries that happen on their premises. This means that when an accident happens, and an injury is sustained, the property owner may be held accountable.
But what does this mean for you?
Well, if you’re injured at a vacation rental or hotel, you may be able to make a claim against the property owner. Staying in accommodation that’s safe for you and your family should be standard. If this doesn’t happen, you could be entitled to compensation.
When it comes to a Miami premises liability case, your status matters. The success of your claim partly depends on whether you’re classed as an invitee, a licensee, or a trespasser.
Invitee
An invitee is someone who has the owner’s permission to be on the premises. An example would be a paying guest at a hotel or Airbnb. This status requires the property owner to show the highest level of care.
Licensee
Unlike an invitee, a licensee isn’t a paying guest. But, they’re classed as someone who’s at the property with consent. This could be a guest of an invitee. This means that the licensee has lesser protection from premises liability law than an invitee.
Trespasser
A trespasser is classed as someone who has entered the premises without any permission. This means that a trespasser is afforded minimal rights if they’re injured while on the premises. However, there are exceptions to this laid out in Florida Statutes 768.075 – Immunity from liability for injury to trespassers on real property.
This shows that your status at the hotel or Airbnb where you sustained your injury may impact how accountable the property owner is for your injuries.
What Makes an Airbnb or Hotel Premises Unsafe?
Under premises liability law, the owner of the property is duty-bound to ensure it’s safe.
Unsafe premises can be caused by a range of factors. These include:
- Negligence of the premises.
- Failing to carry out appropriate maintenance of the property.
- Not warning guests of potential safety hazards.
- Failing to carry out regular inspections of the property.
- Ignoring potential safety issues.
- Failing to provide appropriate security protection at the property.
When a property owner fails in these obligations, they may be found to be in breach of Florida’s premises liability law.
Examples of Hotel and Airbnb Accidents and Injuries in Miami
An Airbnb or hotel that doesn’t take its customer safety seriously can cause major injuries. The chances of an accident are so much higher. This means that the possibility of becoming injured is far more likely.
There are many different accidents that can happen when safety isn’t a priority for a property owner or they act negligently. These include:
- Uneven or broken flooring.
- Appliances that are defective or unsafe.
- Furniture or large decorative items (such as mirrors) that aren’t fixed in place and are at risk of toppling over.
- Exposed electrical wiring or faulty electrics.
- Pest infestations, such as bedbugs.
- Damaged or broken steps and staircases or damaged, broken, or missing handrails.
- Fire alarms not working.
- Failure to clear up spills or move trip hazards causing slip and fall injuries.
- Defective or insufficient security features (such as broken locks on doors).
- Chemicals or hazardous materials.
Any of the above can cause a range of injuries.
A few common injuries include burns, broken bones, bruising, grazes, cuts, soft tissue damage, sprains, and strains.
In severe cases, these accidents can result in death or a lasting injury impacting the rest of your life. This could include paralysis, an amputation, brain injury, or blindness.
What to Do if You’re Injured in a Hotel or Airbnb Accident in Miami
Knowing what you need to do if you’re injured in an Airbnb or hotel accident in Miami is essential.
The steps you take now are crucial. Right now, you don’t know how your injury will pan out. Will it worsen? Will it impact your ability to work? How much cash will you need to pay out for medical bills? Are you going to be left in lasting pain? Will you be able to enjoy the same lifestyle after the injury has healed?
There’s so much to think about and so many unknowns. So, if you’re injured, you need to ensure you take the right action. Your future self will thank you for it. Claiming compensation for your distress, pain, and disruption to your life is wise. After all, why should you be left to cope with the ramifications of a property owner’s negligence?
Here’s what you need to do if you’re injured at a Miami hotel or Airbnb rental:
- First, you need to be checked over by a medical professional. Seeking medical attention and getting examined is vital. You need to know the extent of your injuries and to get the right treatment. Plus, having your injuries documented will help with your premises liability claim.
- Keep a record of all the medical expenses that you incur from the start. These will form a part of your claim.
- Take photos of the scene of your injury to show what happened and how it was caused.
- Collect contact details and information from witnesses who saw what happened.
- Next, and most importantly, contact a premises liability lawyer.
How a Premises Liability Lawyer Can Help
Being injured or suffering an accident has a major impact on your life. It brings a physical, psychological, emotional, and financial toll. This can be so hard to recover from, and the effects can last many years if not a lifetime.
None of us knows what the future will bring. Your recovery may take far longer than you’d like, and those medical bills soon build up. This is why it’s wise to contact a premises lawyer to help you get the compensation you deserve.
Navigating premises liability law to get your own compensation is super tough. The insurance companies will do all they can to shift blame and not pay out.
Premises liability law claims have specific deadlines. Figuring these out yourself isn’t simple. So, let your premises liability lawyer take care of this.
At the Law Office of Cary Woods II, we understand how frustrating it is to be injured when it wasn’t your fault.
Cary Woods II has extensive knowledge of premises liability law and is passionate about helping you get the compensation you deserve. These years of expertise mean Cary can secure you the highest settlement amount possible.
Making a premises liability claim after a hotel or Airbnb accident in Miami can seem overwhelming. So, put your claim in safe hands and let Cary fight on your behalf.
When you choose Cary to handle your premises liability claim, you gain so much. You’ll have peace of mind, a financial settlement, and justice for the pain and suffering you’ve endured.
Contact Cary today to schedule your free consultation.
