After an unfortunate accident during a weekend or a stay in a seasonal rental, when and how to react? Follow our guide.
No need to practice extreme sports to risk your health on vacation. The danger is sometimes found in the house you rented for the summer… A staircase that is too steep, and you quickly fall! An exploding glass sink is sure to cause injury. With consequences sometimes serious enough to ruin your weekend or vacation.
This is what happened to Jérôme, one of our readers: “We rented a splendid house in Brittany on Airbnb. The staircase that led to the mezzanine where we slept was particularly steep and dangerous. The night before last, I fell violently. The firefighters had to intervene. Results: 10 stitches on the forehead, two months off work, broken collarbone, arm mobility still not regained, huge hematoma under the thigh persisting six months later…”
Fortunately, this type of accident remains rather rare. However, when this happens, it is crucial for victims to adopt the right reflexes. Here is the procedure to follow, whether you have used a platform or not.
1. Determine if the rental owner is responsible
When you are injured alone, in principle, you are not entitled to any compensation. Unless an identified third party is responsible for your damage and/or if you have a so-called personal accident policy.
What happens when the victim is not covered by dedicated insurance, but is convinced that the cause of his fall was a particularly accident-prone staircase? “An element which allows it to rely on article 1242 of the civil code to attempt to incur the civil liability of the lessor”explains Maître Étienne Riondet, lawyer, co-author with Doctor Sauveur Boukris of Practical guide to compensation for accident victims (ed. du Puits Fleuri, 2024).
This article states that we are “responsible not only for the damage that one causes by one’s own act, but also for that which is caused by the act […] things that we have in our custody”analyzes Maître Riondet. Clearly, here, the liability of the lessor can be sought due to the damage caused by the staircase.
Responsibility for the fact of things
Attention ! This liability regime does not apply automatically or every time. For example, in the present case, if we were in the presence of a “standard” staircase, the tenant would not be able to turn against the lessor, indicates Me Riondet. The latter recalls that, in order to be able to incur liability for the facts of things, you must be able to prove:
- “The abnormal or bad state of the thing. » (here the staircase) For example, non-compliance with step size standards, lack of protective railing or lighting. This can be done by any means: photos, testimonials, technical diagnosis, etc.
- The causal link between the condition of the staircase and the fall, in other words, here, the active role of the staircase in producing the damage.
2. Be accompanied by a lawyer from the start
Vulnerable, often seriously affected physically and psychologically, the victims are not at all equipped to defend themselves against seasoned professionals, who use incomprehensible jargon. As the stakes can run into hundreds of thousands, or even millions of euros, in the event of significant damage, it is better not to go to the front alone.
Ideally, before even declaring the claim to the insurer or, failing that, at the same time, get the support of a lawyer specializing in the treatment of personal injury. This generally works in pairs with a medical expert. It is this duo that will help you name your various harms (physical, moral, aesthetic, pleasure, post-traumatic stress, etc.), evaluate them and then quantify them. They will also accompany you during medical assessments.
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3. Build a solid file
“You must keep all documents and file them in chronological order, recommends Doctor Sauveur Boukris, expert doctor for victims of bodily injury. Retrieve in particular the firefighter intervention report, the emergency report, your medical file with the examinations carried out (radiographs or others, etc.), your work stoppages, nursing care, etc. And keep all the supporting documents for expenses incurred in connection with your accident: taxi bills, medication bills, medical consultations, physiotherapy fees, osteopathy fees, etc. Also remember to take photos and collect testimonials. »
Finally, prepare your medical file with your own expert doctor. It will help you to name your pain, your suffering, to express your grievances, to list what you can no longer do in the actions of daily life, the repercussions on your personal and professional life (taking an antidepressant, nightmares, etc.). ), as well as the help you need.
4. Report the loss to the rental company’s insurer
This is, in fact, the very first step when you have identified a responsible third party, in this case the rental company of the holiday home. Once your contact details are in hand (to be requested from the lessor and/or the platform), report your claim. If the rental company recognizes the responsibility of its client, it will appoint a professional to carry out a medical assessment where it is strongly recommended not to appear alone.
Good to know: in principle, to set the date of the assessment, you must wait until your state of health is “consolidated”. “That is to say a stabilized state which no longer evolves, which makes it possible to establish possible permanent after-effects, their rate and to quantify your damage”deciphers Doctor Boukris. “While waiting for the condition to be stabilized, nothing prevents an initial preliminary assessment in order to pay a provisional deposit”he specifies.
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5. Fight to obtain fair compensation
If the insurer refuses to recognize the liability of its client or reduces your losses and the amount of compensation due, you will have to initiate proceedings before the court against the rental company and its insurer. The simple fact of taking the company to court sometimes encourages it to negotiate amicably, observes Maître Riondet.
Failing this, it is the judge who will decide after having commissioned a legal medical expertise. It is longer (it takes between two and three years, compared to one year amicably), but we can hope for better coverage of the damages.
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