What You Need to Know If You’re Hurt at Your Shore Rental
- Dan T. Matrafajlo
- Wed May 2017
- Premises Liability,
The calendar says that summer doesn’t begin until the third week in June. Nevertheless, Memorial Day is the start of the season for most of us here in New Jersey. In fact, it’s prime season for vacation homes. So, what happens if you are hurt while at your shore rental?
It could be that you rent the same home year after year. Maybe you like walking the boards at Point Pleasant or Seaside Heights. Perhaps you prefer the family allure of Long Beach Island. Whatever the reason, you may prefer sharing a home with friends or family down the shore. After all, you’ll almost always have more space in a house than a regular hotel room.
Unfortunately, something as simple as an unsecured carpet could cause you to slip and fall. As a result, you could suffer a broken arm or leg. Who pays for your medical bills? Is there the possibility you could recover monetary damages?
Premises Liability and Shore Rentals
All things considered, ownership of vacation homes falls under premises liability law. This means that the owner of the property has certain legal obligations. These include:
- Responsibility to properly maintain the premises
- Duty to warn of any dangers
- Responsibility to make proper repairs to premises
- Overall upkeep to ensure safety of prospective guests
Like any other premises liability case, many accidents could have been avoided. For example, you may have slipped and fallen in the shower. If there was no slip resistant protection, you might have a negligence claim. At the very least, there should be an expectation for a warning of the potential danger.
There are some other important aspects of a premises liability claim against the owner of a shore rental. Was there a notification of the hazardous condition? Did the homeowner know or should he or she have known of the dangerous circumstances that could lead to injury? Who actually caused the unsafe conditions?
In the past, almost everyone found vacation rentals in the local newspaper. This meant dealing directly with the homeowner or even a real estate agency. In some cases, this hasn’t changed.
However, according to one news article, technology has its hand in vacation homes. There’s always the chance that you found your shore rental on Airbnb, HomeAway, VRBO. And, of course, you could have successfully responded to a Craig’s List advertisement.
Be that as it may, you should know that none of these companies have a responsibility when it comes to damages claims. Rather, a case must be asserted against the homeowner.
In best case scenarios, the vacation homeowner has worked with an insurance agent to ensure the property has the correct type of insurance coverage. An experienced personal injury attorney can help investigate the claim to determine payment of medical bills and monetary damages.
For certain, no one wants to get hurt while on vacation. However, if this is the case, you should determine your legal rights. At the Law Offices of Beninato & Matrafaljo, we have the resources to investigate and pursue your case. Contact us to schedule an appointment.