Why do you need an Airbnb accidents lawyer?
No one anticipates a threat to their security while staying at an Airbnb. Despite this, sexual assaults are reported in these rentals more often than one might think. Similar to the rise in Uber assaults, thousands of assault cases happen yearly within Airbnbs.
If you’ve been a victim of an assault at a vacation rental, you might be uncertain about your next steps. You might question whether you can sue or need to speak to an attorney. Is Airbnb at fault, or is it the host?
Consulting a lawyer can provide the answers. You could be entitled to financial compensation following an Airbnb assault. The personal injury lawyers at Law4help specialize in holding accountable those who caused you harm.
Relevance of the problem
The vacation rental business is a huge segment of the hospitality field. Platforms like Airbnb and VRBO make money from private residences by acting as marketplaces for brief rentals. The industry brought in over $13 million in 2021, with one out of every eight people using a rental.
These figures create many chances for harmful behaviors like sexual assault. The vacation rental sector relies on trust. Renters trust both their host and Airbnb to provide them with safe and protected lodgings.
However, this isn’t always the reality. In 2016, an Australian woman was reportedly sexually assaulted in her Airbnb rental at knifepoint in New York City. This resulted in a $7 million settlement from Airbnb.
This event caused the company to develop a crisis management team to deal with problems involving customers. Many lawsuits are launched against Airbnb annually. The crisis team is now meant to prevent negative PR.
Even though non-disclosure agreements and binding arbitration clauses keep financial settlements confidential.
Although assaults can occur everywhere, vacation rentals through Airbnb and VRBO shatter the trust concerning safety between the company and the user. As stated in travel research from John Jay College of Criminal Justice, 6.1% of complaints from Airbnb guests involved unsafe conditions. These risky conditions include “major safety issues” of physical assault and “hidden cameras.”
Sexual assaults: how to determine & what to do
Sexual assault goes beyond rape. Laws at the federal, tribal, and state levels consider sexual assault any sexual act that happens without consent. This also applies when the person involved is unable to agree. Unwanted touching, kissing, and physical contact are all types of sexual assault.
Sexual assault at an Airbnb may include:
- Concealed cameras
- Unwanted physical contact
- Sexually suggestive remarks
- Forcible sexual act
- Child sexual abuse
- Coercion or menace
Survivors of sexual assault frequently experience trauma, encompassing both emotional and physical harm. Each situation varies, requiring tailored healing. However, certain initial actions are generally advisable.
The initial step involves ensuring safety and preventing further injury. Seek a secure place and contact emergency services. Maintain composure, as the body’s shock response and the fight, flight, or freeze reaction can take hold.
Although a shower might be the first impulse for someone who has endured a sexual assault, it’s advisable to avoid this to protect potential evidence. At a hospital, a specialist nurse can gather physical evidence and record injuries. Physical evidence often strengthens an accusation of assault.
For instant aid, call the National Sexual Assault Hotline. Trained staff will listen, provide details on local services, and guide you through the process of reporting the assault.
Take time to chronicle your immediate experience. Write down or record audio of the events. Include specific details like the time, odors, or sounds preceding or during the assault. If possible, photograph the scene.
Recall can change each time an event is remembered or recounted. Although reaching out to a friend is crucial for emotional well-being after the assault, memories may become altered or obscured with each telling. Thus, a personal record of the assault is valuable for potential legal action.
Preserve any Airbnb records. Emails and financial statements that verify the vacation rental dates and confirmation are vital for legal proceedings.
Value of compensation
The aftermath of sexual assault significantly affects those who have experienced it. Post-traumatic stress disorder, depression, and distressing flashbacks often arise following an assault. Individuals who have been assaulted are entitled to financial aid for the harm it has caused to their well-being.
Although monetary compensation cannot erase the effects of the incident, it aids in the healing process. Compensation aims to cover:
- Payment for medical expenses for therapy
- Reimbursement for lost income during recovery
- Emotional distress and/or physical harm
- Other expenses that insurance may not cover
Punitive damages may be considered. These are awarded to penalize the perpetrator. Family members may also be eligible for compensation if their relationship with the survivor was affected by the trauma.
Physical injuries are more straightforward to document, but emotional ones are just as critical. Expert legal counsel ensures all types of injuries are included when determining compensation.
Statute of limitations
A Statute of Limitations sets a deadline for filing a lawsuit. The place where the assault happened affects the time limit. Each state has its own rules for sexual assault cases. Some states don’t have a deadline for sexual assault claims, whereas others have very short ones.
However, you may still have grounds to sue Airbnb even if the assault happened a while back.
Airbnb invests large amounts of money yearly to keep details of assaults on their properties private. Even if the assault was some time ago, you could potentially claim compensation.
Retaining a lawyer for your Airbnb assault case is beneficial for:
- Managing all communications related to insurance claims
- Obtaining financial recovery for your healing process
- Advocating for you in court
- Maintaining organized records of documents, meetings, and statements
