Getting bitten by a dog at your Airbnb or vacation rental can be a stressful and painful experience. Not only do you have to deal with the physical and emotional trauma of the attack, but you also have to navigate the complex legal process of determining liability and seeking compensation for your injuries.
Our experienced San Diego dog bite lawyer knows that if you suffered a dog bite at an Airbnb or vacation rental, multiple parties may be responsible, including the dog's owner, the property owner, and in some cases, Airbnb itself. We’ll fight hard to pursue your claim for damages from all the liable parties so that you are fully reimbursed for your medical bills, lost wages, and pain and suffering.
What Is the Dog Owner’s Liability Under California's Dog Bite Laws If You Suffered a Dog Bite at an Airbnb?
If you suffered injuries from a dog bite at an Airbnb or vacation rental, you may be able to hold the dog’s owner responsible for compensating you. California has two main legal theories that can hold dog owners liable for bites: strict liability and negligence.
Under California Civil Code § 3342, dog owners are subject to strict liability for injuries their dogs cause. This means the owner is responsible for damages suffered by anyone bitten in a public place or lawfully in a private place, even if the dog has never shown aggression before or the owner had no reason to believe the dog was dangerous.
In addition to strict liability, dog owners can be held liable under a negligence theory. To prove negligence, you must show that the owner failed to use reasonable care to prevent the dog from biting you. This may include failing to properly train or supervise the dog, allowing the dog to roam freely, or not warning you about a dog's aggressive tendencies.
If you're bitten by a dog belonging to the Airbnb guest, the dog owner would likely be liable under one or both of these legal theories. However, the property owner and Airbnb may share some responsibility in certain situations.
How Can You Hold Airbnb and Vacation Rental Owners Liable for Your Dog Bite?
Property owners, including Airbnb hosts, have a legal duty to maintain a safe environment for guests and visitors. If a host knew or should have known about a dangerous dog on the property but failed to take reasonable precautions or warn guests, they may be liable under premises liability laws. For instance, if the host allowed a guest to bring a dog with a known history of aggression or failed to inspect the property for unauthorized pets properly, they could be considered negligent and partially responsible for resulting injuries.
How an Airbnb Might Dispute Liability
Airbnb often tries to distance itself from liability by emphasizing that it is merely a platform connecting hosts and guests, not a direct lodging provider. The company's terms of service include language that attempts to shift responsibility to individual hosts and guests.
However, if Airbnb was aware of a dangerous dog on a property or failed to enforce its own policies prohibiting dangerous animals, there may be an argument for holding the company accountable. These cases are highly fact-specific and often require extensive investigation and legal expertise.
Airbnb's Host Protection Insurance Policy
Airbnb offers a Host Protection Insurance policy that provides liability coverage for up to $1 million per incident. This insurance may apply if you were injured due to a dog bite at an Airbnb.
However, collecting compensation through this policy isn't always straightforward. As with other insurance claims, thorough documentation and persistence are often required. Our dog bite lawyer can help you through this process and pursue all available avenues for recovery.
What Steps Should You Take After a Dog Bite at an Airbnb or Vacation Rental?
If you're bitten by a dog while staying at an Airbnb or vacation rental in San Diego, you must protect your health and legal rights. Our attorney recommends you follow these steps:
- Seek medical attention immediately. Dog bites can cause serious injuries and infections. Have the wounds examined and treated promptly by a medical professional. Follow all of your doctor’s treatment recommendations.
- Report the bite. Notify the Airbnb host and the company itself through the app or website. You'll also need to report the bite to San Diego County Animal Services so they can investigate and quarantine the dog if necessary.
- Gather evidence. Take photos of your injuries and the scene of the attack. Get contact information for the dog owner, Airbnb host, and any witnesses. Save medical records and any communication about the incident.
- Watch what you say. Avoid apologizing or making statements like "I should have been more careful" to the host, dog owner, or insurance representatives. These could be twisted to imply you accept blame for the attack.
- Contact a dog bite lawyer. You should contact our legal team as soon as possible after your dog bite to assess your case and pursue maximum compensation on your behalf.
Benefits of Hiring the Law Offices of Mark C. Blane, APC
Attorney Mark Blane has extensive experience representing dog bite victims in San Diego and Southern California. Here are the benefits of working with Mark:
- Personalized attention. As a solo practitioner, I provide one-on-one service tailored to your unique needs and goals. You'll work directly with me, not a less experienced associate or paralegal. Read my testimonials from happy clients.
- Thorough investigation. I'll dig deep to uncover all available evidence and identify every potentially liable party in your case. This may include obtaining animal control records, interviewing witnesses, and consulting expert witnesses.
- Aggressive advocacy. Insurance companies and Airbnb often try to minimize payouts to dog bite victims. I'll fight tenaciously to hold all responsible parties accountable and pursue the maximum compensation you deserve.
- No upfront costs. I work on a contingency fee basis, which means you pay nothing out of pocket for my legal services. I only get paid if I recover money for you through a settlement or court judgment.
If you or a loved one has suffered a dog bite at an Airbnb or vacation rental in San Diego or Southern California, don't try to go through the complex legal system alone. I'll listen to your story, explain your options, and fight for the justice and compensation you deserve.