If you or a family member have been involved in a rental property accident (such as a B&B or Airbnb) it is imperative that you talk to a solicitor to understand whether you are eligible to seek compensation*.
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Rental property injury claims occur when a guest sustains an injury as a result of the negligence of the host to provide a safe environment. These claims are usually made against the owner of the property for not adhering to the duty of care that is expected of a property owner towards all visitors.
It is the responsibility of the owner of the property to ensure that they are providing a safe environment for guests. A host would be advised to carry out frequent health and safety checks to ensure that there are no potential risks of safety hazards and therefore no potential hazards which might lead to a guest being injured.
The majority of claims for rental property accidents are for personal injury. The claimant needs to prove that the property host did not show a reasonable duty of care to them and that this led to the accident.
The Occupiers’ Liability Act 1995 states that an occupier of a building has a duty of care to all visitors to provide a safe environment for them. The health and safety of a property owner’s guests should be their first priority and they should do everything they can to ensure that there are no hazards which may cause accidents or injury to them.
Property owners may also have insurance in place to cover personal injuries. On occasions a dispute can arise as to whether the property owner or rental company such as Airbnb are liable to an injured person. For that reason it is important to legal advice on this issue in the aftermath of an accident involving personal injuries.
The claim is usually made against the insurance company of the property owner.
If you have been injured in property rental accident and wish to make a claim, you will need to determine who was at fault for the accident. In order to proceed with a claim, the accident must have been caused by somebody else who acted in a negligent manner. An property owner has a responsibility to ensure that visitors to the premises are kept safe and their safety should be their first priority.
Rental property accident claims relate to personal injuries while staying or visiting a rented property. Some of the most common complaints are:
Properties that are poorly lit, especially at night-time, can lead to trips and falls.
As these rental properties are used by numerous guests over a period of time, furniture may become broken quicker due to more wear and tear. Property hosts should check the safety of furniture regularly, if damaged furniture is not replaced it can become faulty causing injury and accidents. Broken furniture can collapse suddenly triggering back injuries and broken bones.
Rental property owners should equip their homes with the safety essentials such as a working smoke and carbon monoxide detector, a fire extinguisher, a first aid kit, and instructions on how to contact local authorities in case of an emergency.
Following a rental property accident , there are a number of steps you should follow:
Your health is your wealth and should be your first priority. Immediately after an accident, take a second to assess yourself to determine if you have any injuries. Then check if anybody else involved in the accident needs medical attention. If anybody has sustained a serious injury, ensure that you contact an ambulance to attend the scene.
You must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case, it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
It is important that you report the accident to the host. You may be required to assist to fill in an accident form. This is to provide them details of how the accident occurred and details of the injury. You should also request that they preserve any CCTV footage.
Collect contact details of any witnesses to the accident – their names and contact information.
Just like any personal injury claim, documenting exactly what happened is a very important step. It is important to obtain:
If you are considering moving forward with a claim for any personal injuries sustained, it is advisable that you speak with a public place accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. A solicitor can help you prepare your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.
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Once you have gathered most of the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist public place accident solicitor to help you with this.
When you decide you want to move forward with your claim it is important to have as much as possible of the relevant information to hand when contacting a solicitor. Some of the important information to have on hand at this point is:
As a solicitor is aware of the claims process they can avoid any legal bumps in the road you might encounter if you looked after this matter yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or hospital details so they can obtain a report on your injuries. This report will then be used to allow us to progress your case.
As soon as your solicitor has gathered all the information, your accident claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim, they will revert with a suggested settlement amount to your solicitor. At this stage you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.
At this point one of two scenarios will unfold:
a. If both you and the other party accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or the other party reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point prior to a court hearing date without you ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and this allows you to focus on your recovery, as they focus on settling your case.
At Tracey Solicitors LLP, we make law accessible to all – regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your accident, phone 01 649 9900 or email ask@traceysolicitors.ie to tell us about your case, where you can speak with a member of our team straight away.
We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.
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If you are to proceed with a rental property accident accident claim you may be entitled to recoup costs to you as a result of the accident. This is along with added expenses you may have incurred, these claims are called damages:
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.
Out of pocket expenses incurred as a result of an accident in a rental property. For example, loss of earnings, medical bills, and added travel costs as a result of the accident, for example, travel to and from a hospital. Learn more about Special Damages.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Learn more about Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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