Homeshare And Airbnb Premises Liability in New Jersey
The Law on Homeshare Rentals in New Jersey
Like Uber and Lyft for car service, there are many online platforms available to rent a house or an apartment in northern New Jersey while visiting the tri-state area. Those platforms include Airbnb, VRBO, HomeAway, Wimdu, Roomarama, and Couchsurfing. It allows folks to rent out their homes to visitors. Areas like Jersey City, Hoboken, Union City, Weehawken, and Rutherford are always in high demand because of the easy access to New York City.
Many of those homes have a high volume of visitors. With all that wear and tear, the homeowners are not always keeping up with necessary maintenance. This is resulting in more accidents such as trip and falls, slip and falls, and other injuries. In other instances, visitors are renting in high crime neighborhoods without being warned of the dangers.
Do I Sue The Owner or Airbnb?
If you were injured by negligence on the property while renting it, you can sue the person or business who rented the property to you. The lawsuit will also claim that the online platform was negligent in hiring, retaining, and supervising the owner. The lawyer will also look to see if other people or businesses are responsible such as a landlord of a building if the victim rented an apartment.
Why Does It Matter that I got the Apartment or Home through Airbnb?
When you rent a property short-term through an online platform, it is a commercial transaction. That means that the owner of the property owes a high duty of care to make sure the property is in a safe condition. For example, the homeowner must inspect the property to look for dangerous conditions and keep the property safe.
It also matters because there might be a greater level of insurance protection. For example, Airbnb and HomeAway provide $1 million primary coverage for hosts and landlords in a lawsuit.
Causes of Homeshare Injuries in New Jersey
Here are some of the causes of injuries at properties rented through Airbnb and other online Homeshare platforms.
- Bad lighting and darkness
- Clogged showers
- Dangerous neighborhood
- Defective stairs, steps, ramps, and handrails
- Failure to discovery hazard
- Failure to notify of a dangerous condition
- Negligent maintenance and repair
How Much Time do I Have to Sue?
Generally, in New Jersey, a lawsuit for an injury suffered at a Homeshare property, such as Airbnb, must be filed within two (2) years of the accident.
Who do I Sue and Who Pays if I Win?
In most cases, the lawsuit is filed against the homeowner who rented to you and the platform that arranged the transaction. There might also be a claim against a building owner depending on whether it was an apartment or who is the true owner of the property. See “Do I Sue the Homeowner or Airbnb?” . The insurance companies pay if you win.
How do I Pay for a Lawyer?
When you retain Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC in a Homeshare premises liability lawsuit, you do not pay us unless you recover money. We accept those cases on a contingency basis.
How long does the Lawsuit Take?
Premises liability lawsuits usually resolve within two (2) years from the time of filing.
These are the steps in a typical Airbnb lawsuit:
- Complaint Filed with the Court
- Complaint Served on Defendants
- Defendant’s Lawyer Files an Answer
- All Sides Provide Answers to Interrogatories
- Depositions of All Sides
- Medical Examination by Doctor Hired by Insurance Company for Defendants
- All Sides Give Expert Reports
- Non-Binding Arbitration at the Court House
- Settlement Conference with the Judge
Contact Our Experienced New Jersey Premises Liability Attorneys
At Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC, our team of New Jersey premises liability lawyers are experienced, dedicated, and committed to helping those going through very difficult times. Contact us today at 201-488-1161 for a free legal consultation with our New Jersey personal injury attorneys.