Injured in an Airbnb Rental

Travel is expensive. Why spend money on a hotel if you're going to spend most of your time sightseeing? Airbnb has become a cheaper and more attractive option for many travelers.

However, what happens in the case of an injury? You slip and fall in a hotel, you sue the hotel. If you slip in fall in an Airbnb rental, who do you sue? Can you even sue?

Personal Injury Lawsuits

Under the principle of premises liability, homeowners, landowners, landlords, Airbnb hosts, are responsible for maintaining a relatively safe environment on their property. For premises owners to be held liable for injuries, you, the plaintiff, must show that the owner created, knew, or should have known about an unsafe condition and negligently failed to correct it, causing your injury.

Airbnb guests would usually be considered invitees, people invited onto property for business reasons. As such, the property owners owe guests the highest degree of care and a duty to take reasonable steps to cure any hazards.

Sue The Biggest Fish

If you're injured at an Airbnb, you can sue the homeowner or renter, the landlord, or possibly Airbnb. Many times, who gets sued depends on who the plaintiff thinks will actually have money to cover the damages.

Previously, Airbnb disclaimed all liability for injuries occurring at host properties and stated this in their terms of service. So, you would have to seek recovery from your host or his landlord. But some renters who list their rented property may not even have renters insurance. This is why many people would try and sue the landlord.

Generally, a landlord has a duty to make his property reasonably safe, even if it's occupied by a tenant. However, if the renter/Aribnb host is violating his lease by renting it out through Airbnb, the landlord would most likely be off the hook. In addition, depending on the terms, many homeowners and renters insurance policies may not even cover injuries to paying guests.

However, this whole discussion may now be moot. According to the company's website, starting January 1, 2015, Airbnb's new host protection insurance program will cover a guest's injury at a listing during a stay. The coverage is for up to $1 million. So if the host and landlord do not have insurance to cover the cost of your injury, or are found not liable, Airbnb's host protection insurance may cover your claim.

If you've been injured in an Airbnb rental, and need help making a claim, consult with an experienced personal injury attorney.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Can You Really Sue City Hall? (FindLaw's Injured)
• What if I'm Injured Hiking or Camping? (FindLaw's Injured)
• Injured on Someone Else's Property: Can You Sue? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/05/injured-in-an-airbnb.html

What if I'm Injured Hiking or Camping?

via Tumblr hobbsr04.tumblr.com/post/118132061842 Summer is almost here and many of us are already planning our outdoor expeditions. Safety first is the rule for any hiking or camping trip, but unfortunately not all backcountry injuries can be avoided. So what happens if you’re injured while hiking or camping this summer? If the injuries weren’t your fault, could someone else be liable? On Tour If you’re injured while part of a tour group or organized expedition, you may have a claim against the tour company. A couple years ago, a teen was swept out to sea by a rogue wave while part of a kayaking and hiking tour in Hawaii. As it turned out, the tour company didn’t have a permit to access the tidal pool area where the wave hit, and the teen’s parents sued the company, believing the company’s negligence led to their son’s death. In order to prove negligence against a hiking or camping tour company, you would need to show that the company owed you a duty of care, that they breached the duty, and that the breach was the proximate (foreseeable) cause of your injuries. State and National Parks Most of us will do our hiking and camping in state or national parks, like Yosemite in California, Yellowstone in Wyoming, the Great Smoky Mountains in North Carolina, or Glacier National Park in Montana. National parks are operated and maintained by the National Park Service. So what happens if you’re injured while hiking or camping in a national park? In general, property owners are responsible for maintaining a safe environment for invitees and must exercise reasonable care for the safety of visitors. However, for a long time government entities were protected under “sovereign immunity,” which prohibited premises liability lawsuits against the government. That changed with the Federal Tort Claims Act which allows injury lawsuits against the federal government. The FTCA has strict guidelines regarding how a claim against the government can be filed and when. You may want to consult with an experienced injury attorney to make sure you’re complying with any local, state, or federal filing rules. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Yosemite Deaths: How Safe Are National Parks? (FindLaw’s Injured) Camping Injuries: Who to Sue if a Tree Falls on You (FindLaw’s Injured) Injured Rescuer Sues Teen Who Needed Rescuing (FindLaw’s Legally Weird) from Injured blogs.findlaw.com/injured/2015/05/what-if-im-injured-hiki... via Blogger hobbsr04.blogspot.com/2015/05/what-if-im-injured-hiking-o...

via Flickr http://www.flickr.com/photos/87814799@N02/17370397471

What if I'm Injured Hiking or Camping?

Summer is almost here and many of us are already planning our outdoor expeditions. Safety first is the rule for any hiking or camping trip, but unfortunately not all backcountry injuries can be avoided.

So what happens if you're injured while hiking or camping this summer? If the injuries weren't your fault, could someone else be liable?

On Tour

If you're injured while part of a tour group or organized expedition, you may have a claim against the tour company. A couple years ago, a teen was swept out to sea by a rogue wave while part of a kayaking and hiking tour in Hawaii. As it turned out, the tour company didn't have a permit to access the tidal pool area where the wave hit, and the teen's parents sued the company, believing the company's negligence led to their son's death.

In order to prove negligence against a hiking or camping tour company, you would need to show that the company owed you a duty of care, that they breached the duty, and that the breach was the proximate (foreseeable) cause of your injuries.

State and National Parks

Most of us will do our hiking and camping in state or national parks, like Yosemite in California, Yellowstone in Wyoming, the Great Smoky Mountains in North Carolina, or Glacier National Park in Montana. National parks are operated and maintained by the National Park Service. So what happens if you're injured while hiking or camping in a national park?

In general, property owners are responsible for maintaining a safe environment for invitees and must exercise reasonable care for the safety of visitors. However, for a long time government entities were protected under "sovereign immunity," which prohibited premises liability lawsuits against the government. That changed with the Federal Tort Claims Act which allows injury lawsuits against the federal government.

The FTCA has strict guidelines regarding how a claim against the government can be filed and when. You may want to consult with an experienced injury attorney to make sure you're complying with any local, state, or federal filing rules.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Yosemite Deaths: How Safe Are National Parks? (FindLaw's Injured)
• Camping Injuries: Who to Sue if a Tree Falls on You (FindLaw's Injured)
• Injured Rescuer Sues Teen Who Needed Rescuing (FindLaw's Legally Weird)

from Injured http://blogs.findlaw.com/injured/2015/05/what-if-im-injured-hiking-or-camping.html

Can I Get Worker's Compensation For a Hernia?

via Tumblr hobbsr04.tumblr.com/post/118116586492 You’re going through your work day, lifting boxes and doing other chores. Suddenly, you feel a pain in your side, and there’s a bulge in you abdomen or groin area. You may have a hernia. Can you get workers’ compensation for a hernia? Hernia A hernia is an injury that occurs when an organ or fatty tissue is pushed through a weak spot or a tear in surrounding muscle tissue. There are several common types of hernias: inguinal (inner groin), femoral (outer groin), umbilical (belly button), and hiatal (upper stomach). A hernia can occur when tissue weakness combines with pressure to push an organ through a tear or opening in the tissue. Hernias often occur after heavy lifting, persistent coughing or sneezing, diarrhea or constipation, or a fall. Obesity, poor nutrition, and smoking can also increase the risk of hernias. Eligible for Workers’ Compensation To be eligible for workers’ compensation, you must be able to show that your hernia is a work-related injury, meaning it was caused by an accident while doing your regular work duties, caused by the conditions of your work, or, if pre-existing, aggravated by the conditions of your employment. For some occupations, such as firefighters and police officers, some states have laws that declare a hernia occurring while employed is presumed to arise out of and in the course of the employment. Usually it’s your job to prove that your injury is work related. These presumption rules shift the responsibility onto the employer to prove that the injury is not work related. In California, the presumption can last up to 60 months, depending on how many years you were employed, after you’ve ended your employment as a firefighter or police officer. So if you’ve developed a hernia two months after you quit your firefighter job, this presumption would still apply to your workers’ compensation claim. File a Claim If you’ve experienced a hernia, go see a doctor as soon as possible. Also, do not wait to notify your employer of any injury, and file a claim. Most states have statutes of limitations on when you can file your claim. Since workers’ compensation law can vary from state to state, consult with an experienced local workers’ compensation attorney to assess your options. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) Can You Get Workers’ Comp for a Back Injury? (FindLaw’s Injured) Can I Get Workers’ Comp For Food Poisoning At Work? (FindLaw’s Injured) How Long Will My Workers’ Comp Claim Take? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/05/can-i-get-workers-compe... via Blogger hobbsr04.blogspot.com/2015/05/can-i-get-workers-compensat...

via Flickr http://www.flickr.com/photos/87814799@N02/17366283382

Can I Get Worker's Compensation For a Hernia?

You're going through your work day, lifting boxes and doing other chores. Suddenly, you feel a pain in your side, and there's a bulge in you abdomen or groin area.

You may have a hernia. Can you get workers' compensation for a hernia?

Hernia

A hernia is an injury that occurs when an organ or fatty tissue is pushed through a weak spot or a tear in surrounding muscle tissue. There are several common types of hernias: inguinal (inner groin), femoral (outer groin), umbilical (belly button), and hiatal (upper stomach).

A hernia can occur when tissue weakness combines with pressure to push an organ through a tear or opening in the tissue. Hernias often occur after heavy lifting, persistent coughing or sneezing, diarrhea or constipation, or a fall. Obesity, poor nutrition, and smoking can also increase the risk of hernias.

Eligible for Workers' Compensation

To be eligible for workers' compensation, you must be able to show that your hernia is a work-related injury, meaning it was caused by an accident while doing your regular work duties, caused by the conditions of your work, or, if pre-existing, aggravated by the conditions of your employment.

For some occupations, such as firefighters and police officers, some states have laws that declare a hernia occurring while employed is presumed to arise out of and in the course of the employment. Usually it's your job to prove that your injury is work related. These presumption rules shift the responsibility onto the employer to prove that the injury is not work related.

In California, the presumption can last up to 60 months, depending on how many years you were employed, after you've ended your employment as a firefighter or police officer. So if you've developed a hernia two months after you quit your firefighter job, this presumption would still apply to your workers' compensation claim.

File a Claim

If you've experienced a hernia, go see a doctor as soon as possible. Also, do not wait to notify your employer of any injury, and file a claim. Most states have statutes of limitations on when you can file your claim.

Since workers' compensation law can vary from state to state, consult with an experienced local workers' compensation attorney to assess your options.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• Can You Get Workers' Comp for a Back Injury? (FindLaw's Injured)
• Can I Get Workers' Comp For Food Poisoning At Work? (FindLaw's Injured)
• How Long Will My Workers' Comp Claim Take? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/05/can-i-get-workers-compensation-for-a-hernia.html

Medical Malpractice: Documents Checklist

via Tumblr hobbsr04.tumblr.com/post/117875142457 So you’ve decided to sue your doctor. What did he do? Leave a clamp in you after a surgery? Misdiagnose you with the wrong illness? Botch your vasectomy? Whatever the issue, to win your case, you’ll need proof, proof, and more proof. Help your attorney by giving him as much documentation of your injury as possible. Here is a checklist of documents you should have for a medical malpractice case: Medical Records These are the most important documents. To sue for medical malpractice, you’ll need to be able to prove your injury. Your attorney will need to know what medical procedures were performed, how they were performed, who was involved, and what care was or was not provided. Doctor’s notes and nurses’ notes will help illuminate any missed steps or procedure violations that may have caused your injury. If you do not have these records, with your permission, your attorney will be able to obtain these records for you. Prescription Medicine Record Maybe, the error causing your injury wasn’t caused by what the doctor did in the hospital. Maybe, the error was in the management of your illness through improper medicines or dosages. To be fully informed, your attorney will need to know all the medication you’ve taken. Insurance Information Provide your attorney with any documents relating to your insurance coverage. These will help establish your costs and damages. Your attorney may be able to analyze your coverage to see if you were improperly denied for certain covered treatments or if you were improperly billed for unnecessary treatments. Bills, Bills, Bills Bills are unpleasant, but don’t throw any away. If you win your medical malpractice case, you can often be compensated for your out of pocket costs and your insurance may be reimbursed for money it paid to cover your claim. Any bill or invoice will help your attorney establish how much your damages are. Evidence of Lost Wages If your case is successful, your compensation may not be limited to just medical bills. You may also be compensated for the time you missed at work and the wages you weren’t able to earn. Help your attorney establish our amount of lost wages with wage records or pay stubs. If you do not have these, your attorney may be able to help you request them from your employer. If you have any other documents not on this checklist that may be relevant to your claim, provide them to your attorney as well. However, don’t bombard your attorney with irrelevant documentation. It will only distract your attorney from finding usable information, and raise your legal bills. If you have been injured by medical malpractice, an experienced personal injury attorney will be able to help you assess your options. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Michael Jackson Death: Drugs, Foul Play, Both? (FindLaw’s Blotter) Melissa Rivers Sues N.Y. Clinic Over Joan Rivers’ Death (FindLaw’s Celebrity Justice) Hulk Hogan Sues Spine Clinic for Alleged Malpractice (FindLaw’s Celebrity Justice) from Injured blogs.findlaw.com/injured/2015/05/medical-malpractice-doc... via Blogger hobbsr04.blogspot.com/2015/05/medical-malpractice-documen...

via Flickr http://www.flickr.com/photos/87814799@N02/17333258722

Medical Malpractice: Documents Checklist

So you've decided to sue your doctor. What did he do? Leave a clamp in you after a surgery? Misdiagnose you with the wrong illness? Botch your vasectomy?

Whatever the issue, to win your case, you'll need proof, proof, and more proof. Help your attorney by giving him as much documentation of your injury as possible.

Here is a checklist of documents you should have for a medical malpractice case:

Medical Records

These are the most important documents. To sue for medical malpractice, you'll need to be able to prove your injury. Your attorney will need to know what medical procedures were performed, how they were performed, who was involved, and what care was or was not provided. Doctor's notes and nurses' notes will help illuminate any missed steps or procedure violations that may have caused your injury.

If you do not have these records, with your permission, your attorney will be able to obtain these records for you.

Prescription Medicine Record

Maybe, the error causing your injury wasn't caused by what the doctor did in the hospital. Maybe, the error was in the management of your illness through improper medicines or dosages. To be fully informed, your attorney will need to know all the medication you've taken.

Insurance Information

Provide your attorney with any documents relating to your insurance coverage. These will help establish your costs and damages. Your attorney may be able to analyze your coverage to see if you were improperly denied for certain covered treatments or if you were improperly billed for unnecessary treatments.

Bills, Bills, Bills

Bills are unpleasant, but don't throw any away. If you win your medical malpractice case, you can often be compensated for your out of pocket costs and your insurance may be reimbursed for money it paid to cover your claim. Any bill or invoice will help your attorney establish how much your damages are.

Evidence of Lost Wages

If your case is successful, your compensation may not be limited to just medical bills. You may also be compensated for the time you missed at work and the wages you weren't able to earn. Help your attorney establish our amount of lost wages with wage records or pay stubs. If you do not have these, your attorney may be able to help you request them from your employer.

If you have any other documents not on this checklist that may be relevant to your claim, provide them to your attorney as well. However, don't bombard your attorney with irrelevant documentation. It will only distract your attorney from finding usable information, and raise your legal bills.

If you have been injured by medical malpractice, an experienced personal injury attorney will be able to help you assess your options.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Michael Jackson Death: Drugs, Foul Play, Both? (FindLaw's Blotter)
• Melissa Rivers Sues N.Y. Clinic Over Joan Rivers' Death (FindLaw's Celebrity Justice)
• Hulk Hogan Sues Spine Clinic for Alleged Malpractice (FindLaw's Celebrity Justice)

from Injured http://blogs.findlaw.com/injured/2015/05/medical-malpractice-documents-checklist.html