A father of a young girl has filed a lawsuit following injuries sustained by them while staying in a couple’s house (the “Airbnb Owners”) as a short-term rental through Airbnb. The father and his daughter sustained injuries when—while the father was holding his daughter—they fell completely through the flooring on the first level of the Airbnb home. The young girl, a minor, was only two years old at the time of the floor collapse accident, hit her face on the floor when they landed. Both the father and daughter received medical treatment for their injuries as a result of the floor collapse and fall.
In his lawsuit, the father alleges he and his daughter were invitees on the property of the Airbnb and thus the Airbnb Owners owed them a duty of care. An “invitee” is one who enters the property for the benefit of both parties and the owners have knowledge of their presence on the property. There is no doubt that the Airbnb Owners knew of the father and daughters’ presence on the property and that there was a financial benefit to them because of it.
In order to succeed in a case claiming causes of action for premises liability, there are four elements that need to be met. The first element deals with knowledge. That is, the Airbnb Owners must have had actual knowledge of the danger on the premises, or they should have known about the danger on the premises. Actual knowledge can be proven by showing that the Airbnb Owners knew the condition caused an injury in the past or by showing that the danger had been reported but not addressed. To prove the Airbnb Owners should have known of the danger can be demonstrated by showing that the danger would have been recognized following an inspection. In this case with the Airbnb Owners, at minimum, the Airbnb Owners should have known, as they could have done an inspection on their property and the flooring.
If you or someone you know has been injured as a result of the negligence of others, it is important to find a skilled law firm to handle your claim. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz, & Stogner is the oldest personal injury firm in Texas, and our attorneys can assist you with your claim. Call us today at 713-222-7211 or toll free at 1-800-870-9584.