Can You Make a Personal Injury Claim if Injured in a Short-Term Rental or Airbnb in Ontario?

August 24, 2023, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The rise of the sharing economy has brought about a new way of experiencing travel accommodations through platforms like Airbnb. While these short-term rentals offer convenience and unique experiences, they also raise important legal questions in the event of accidents or injuries. If you've suffered an injury during your stay in a short-term rental or Airbnb property in Ontario, you might be wondering whether you can make a personal injury claim. In this blog post, we'll explore the factors involved in such cases and shed light on the legal options available to you.

The Basics of Personal Injury Claims

Personal injury claims generally arise when an individual sustains harm due to the negligence or wrongful actions of another party. In the context of short-term rentals and Airbnb properties, the fundamental principles of personal injury law still apply. To have a valid claim, you need to establish that:

1. Duty of Care: The property owner or host owed you a duty of care to provide a safe environment during your stay.

2. Breach of Duty: The property owner or host failed to meet the standard of care required by not addressing potential hazards or risks.

3. Causation: The breach of duty directly resulted in your injury.

4. Damages: You suffered actual physical, emotional, or financial harm as a result of the injury.

Determining Liability

One of the critical aspects of pursuing a personal injury claim after an accident in a short-term rental or Airbnb is determining liability. Liability may fall on different parties depending on the circumstances:

1. Property Owner: If the injury was a result of a hazardous condition that the property owner knew about or should have known about but failed to address, they might be held liable.

2. Host: In cases where the injury occurred due to the actions or negligence of the host, such as failing to maintain the property, the host might be considered responsible.

3. Short term rental agency: They might be held liable if they were aware of a hazardous condition and failed to address it, or if their platform played a role in causing the injury.

Proving Negligence

To successfully make a personal injury claim, you must demonstrate negligence on the part of the responsible party. This can be a complex process involving gathering evidence such as photographs of the hazard, witness statements, communication with the host or property owner, and medical records documenting your injuries. It's essential to establish a clear link between the hazardous condition and your injury.

Time Limitations

In Ontario, there are time limitations for filing a personal injury claim, known as the statute of limitations. It's crucial to be aware of these limitations as they vary depending on the nature of the claim. Seeking legal advice promptly is recommended to ensure you don't miss the window of opportunity to file your claim.

Steps to Take After an Injury

If you've been injured during your stay in a short-term rental or Airbnb property, it's important to take certain steps to protect your potential personal injury claim:

1. Seek Medical Attention: Your health and safety should be your top priority. Seeking medical treatment will not only ensure your well-being but also provide valuable documentation of your injuries.

2. Document the Scene: Take photographs of the hazard or unsafe condition that caused your injury. These visual records can be crucial evidence in your claim.

3. Report the Incident: Inform the property owner or host about the incident and your injuries. Keep a record of your communication.

4. Gather Information: Collect the contact information of any witnesses and gather evidence related to the incident, such as medical bills, receipts for expenses, and any correspondence with the property owner or host.

5. Consult a Personal Injury Lawyer: To navigate the legal complexities and maximize your chances of a successful claim, consult an experienced personal injury lawyer who specializes in premises liability cases.

If you've suffered an injury while staying in a short-term rental or Airbnb property in Ontario, you may have grounds to make a personal injury claim. Establishing negligence, determining liability, and adhering to time limitations are essential factors in pursuing such a claim. To ensure you receive the compensation you deserve for your injuries, consulting a knowledgeable personal injury lawyer is crucial. Remember, your well-being and legal rights are of utmost importance, and seeking professional guidance will help you navigate the legal process with confidence.

Have you been injured seriously while staying at a short-term rental? Call one of our experienced personal injury lawyers now.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.