New York maintains its position as the preeminent metropolitan area in the United States, attracting significant international tourism and serving a a key venue for major events. Regardless of whether you are on vacation or staying for business, a rental property should be safe for guests. However, injuries can occur due to a property owner’s negligence. If you have been injured at a vacation rental property in New York, understanding premises liability laws is crucial to safeguarding your rights and pursuing the justice you deserve. Please continue reading as we explore the steps you must take following your accident and the importance of connecting with an experienced New York City Premises Liability Attorney.
Who is Liable for Injuries Sustained at a Vacation Rental?
First and foremost, it’s important to understand that property owners and operators have a legal responsibility to keep their premises safe for visitors. In New York, property owners are obligated to maintain safe conditions and warn guests of any hazards that may pose a risk. If a property owner fails to uphold these duties, an injured party may pursue a premises liability claim for their damages. To establish a successful premises liability claim, you must demonstrate:
- Negligence of the Property Owner: You need to show that the property owner or host did not maintain a safe environment or address known hazards.
- Causation of Injury: You must prove that your injury was a direct result of the property owner’s failure to safely maintain the property. This means that the hazard on the premises was the proximate cause of your injury.
- Measurable Damages: You are required to show that you incurred quantifiable damages as a direct consequence of the injury, like medical bills, lost income, or pain and suffering.
Vacation rental owners or hosts are generally liable for injuries caused by known or discoverable hazards. However, liability can extend to professional management companies, cleaning crews, contractors, or even manufacturers of defective products, depending on the unique circumstances of the accident.
What Should I Do if I’m Injured During My Stay?
In the unfortunate event that you are injured at a vacation rental in New York, it’s crucial to understand the steps you must take to ensure your health and protect your legal rights. Even if you don’t feel immediate pain, contact local law enforcement. Their report will be an unbiased and critical record of the accident.
Additionally, proactively collect evidence. Use your cellphone or an available camera to document the hazard that caused your injury, such as a loose handrail, slippery surface, or inadequate lighting. This creates irrefutable proof of the hazardous condition at the time of the incident. Once you have collected evidence, inform the host through the official booking platform or any other provided contact information. Failing to adhere to these steps can significantly weaken your premises liability claim.
For more information, please don’t hesitate to contact an attorney at Swerling Law. Our legal team is prepared to help you fight for the justice you merit.