If you or a loved one gets hurt on vacation in Chicago, various parties could be legally responsible under Illinois premises liability law, including hotel management, staff, and Airbnb hosts who fail to create and maintain a safe environment for occupants.
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For help with Chicago hotel & Airbnb injury claims, call Ankin Law at 312-600-0000 to schedule a free consultation with a Chicago premises liability lawyer.
How Visitors Could Sustain Injuries on Vacation in Chicago
According to Road Genius, one recent year saw over 55.34 million visitors, with the city averaging around this figure annually. While many visitors come and go without issue, sometimes negligent hotels or Airbnb hosts could be responsible for incidents that result in injuries to guests.
Common ways injuries occur in these locations include:
- Slip and fall accidents due to wet floors, uneven surfaces, or other hazards
- A swimming pool accident resulting from causes like slippery surfaces or insufficient safety equipment
- Infectious diseases such as Legionnaires’ disease
- Escalator or elevator injuries from sudden stops, trip hazards, or other causes
- Theft or assaults due to inadequate security
- Food poisoning from preventable pathogens
Who Can Be Held Responsible for Hotel or Airbnb Injuries in Chicago?
Depending on where and how the injury occurred, both local and out-of-state visitors in Illinois could have grounds for either a hotel injury claim or an Airbnb accident liability case.
The following are the parties that might be liable:
Hotel Management or Owners
In Chicago, under premises liability law, hotel management and owners must create a safe space to avoid building code violations and other issues that could put guests at risk. Hotels often work with large insurance companies to provide them with reliable protection in hotel injury claims, along with multiple attorneys.
Staff or Third-Party Contractors
Individual hotel employees or third-party contractors might be liable for injuries at a hotel or Airbnb. For example, a maintenance worker could fail to properly identify and repair a broken elevator or another fixture on a property, presenting an injury risk.
Airbnb Hosts or Property Owners
In the case of Airbnb accidents, hosts and property owners are most often liable for injuries. For instance, an Airbnb host could be aware of a hazard on the property and fail to warn guests or address the issue.
Airbnb
Airbnb might be liable if it failed to take action after receiving previous complaints about a listing, or otherwise negligently allowed an unfit Airbnb host to provide rentals to guests through its services.
What Are Your Legal Options After a Hotel or Airbnb Injury in Chicago?
You can file a premises liability claim or lawsuit against the liable party following hotel or Airbnb injuries. However, you must prove that the party was liable, with sufficient evidence supporting your claim.
Specifically, you need to prove that the individual or entity in question owed you a duty of care, breached that duty of care, and that this breach of duty of care caused injuries and subsequent damages.
How Do Insurance Policies Affect Hotel and Airbnb Injury Claims?
The hotel or Airbnb host’s insurance policy could come into play in an injury claim. There are several types of insurance policies to consider, such as:
A Hotel’s Insurance Policy
If you sustained an injury at a hotel, you might go through the hotel’s commercial liability insurance to recover damages. Hotels often work with some of the best insurance companies available, which could make it challenging to recover total compensation when negotiating with insurers.
Airbnb’s Host Protection Insurance
Typically, in cases where an Airbnb host is liable, claimants would file a claim against the host’s Host Protection Insurance policy. Chicago requires Airbnb hosts to have a policy with a minimum coverage of $1,000,000. It effectively prevents victims from filing third-party claims for damages in these cases.
What to Do After a Hotel or Airbnb Injury in Chicago
You will need to effectively prove liability in a hotel or Airbnb accident liability claim. These organizations often work hard to combat claims, especially when large sums of money are involved.
The following are critical steps to take to maximize your chances of succeeding with this type of claim:
Seek Medical Care
Always seek medical attention from a licensed medical professional following an injury while on vacation. Even seemingly small injuries could indicate underlying conditions that might be life-threatening if left untreated.
Also, seeking immediate medical care could make it easier to prove that an accident at a hotel or Airbnb was the cause of your injuries, providing you with a clear diagnosis and medical records.
Collect Evidence
The next step is to document as much as you can regarding the incident and your injuries. For example, you might be able to obtain surveillance footage from your hotel or Airbnb, take photos of your injuries, and hold on to damaged property.
Other evidence in these cases could include police reports, medical bills and records, witness statements, and hazards still present on the property. A knowledgeable attorney could help gather and organize this evidence to bolster your claim.
Report the Incident
If not immediately after the accident, be sure to report the incident to the hotel or Airbnb.
Speak With an Attorney
Before you file a claim, it’s critical to consult with a premises liability attorney. Having a lawyer by your side could make or break a case, especially when filing a claim against a hotel, Airbnb host’s insurance policy, or Airbnb itself.
Insurance adjusters will often do what they can to minimize or reject a claim. In many cases, they will make an initial offer that’s far lower than what you can actually recover. An attorney could continually negotiate in your favor based on the facts of the case.
Consult an Attorney to Discuss a Claim
To get the best results from an accident claim, it’s in your best interest to consult with Chicago premises liability lawyers who have experience with these kinds of cases. A reliable attorney could assess your case and determine your legal options when it comes to recovering compensation. In the process, this attorney could help negotiate a claim and organize evidence in your favor.
The team at Ankin Law is here to help you discover whether you have a viable case and give you the legal guidance you need. Contact us today to schedule a free consultation with one of our Chicago premises liability attorneys.
FAQs
1. Can I sue an Airbnb host for an injury in Chicago?
In some cases, Airbnb hosts might be legally responsible for injuries in Chicago, such as when they fail to secure the property or provide warnings of risks on the property that could lead to an injury. To build a case, you would normally go through the host’s commercial liability insurance, which has a minimum limit of $1,000,000 in Chicago.
2. What types of hotel accidents qualify for an injury claim
There are many types of accidents that could warrant a hotel injury claim, such as slip and fall accidents, swimming pool accidents, elevator accidents, and broken furniture, among other causes of injury or illness.
3. How do I prove negligence in a Chicago vacation rental injury case?
In proving liability after getting hurt on vacation, you need to prove four items: That the liable party owed you a duty of care, that this party breached that duty of care, and that this breach led to calculable damages from an injury.
