Liability For Vacation Rental Injuries

If you’re injured while staying in a vacation rental, sorting out who is responsible for your medical bills can get confusing. Are the platforms on the hook for what happened, or does the person who owns the home have to cover the costs? Many guests are unsure where to turn or how these liability rules work under the law. Understanding who might owe you compensation and how to protect your rights makes a real difference when unexpected injuries cut your trip short.

Common injuries that occur in vacation rentals

It’s not unheard of for injuries to happen while staying in vacation rentals or other short-term properties. When someone is hurt because conditions were unsafe, another person or company might be legally responsible. These injuries are typically governed by premises liability law. Below are some of the common injuries guests might encounter during their stay.

• Slip and fall accidents
• Broken furniture
• Faulty appliances
• Swimming pool incidents
• Electrical hazards and fires

People expect vacation rentals to be safe. When owners or managers don’t keep properties in good shape, guests may have legal grounds to take action for their injuries.

Understanding premises liability law

When you visit another person’s property, the law expects the property owner to keep the area reasonably safe. If you or someone you care about was hurt during a stay at a short-term rental, premises liability law can help you recover compensation for your injuries and losses.

What do hosts need to do to protect guests?

In most cases, someone staying at a short-term rental is seen as an “invitee” under the law. This simply means the property owner owes you a higher duty of care because you’re there with permission and as a benefit to the property owner.

Hosts are expected to look for hazards inside and around the property. With short-term rentals, this could mean anything from making sure staircases are stable to checking for loose railings or uneven decks, to making sure smoke detectors and fire extinguishers are present and working. If owners find a problem but can’t fix it right away, they must at least give clear warnings so guests can avoid the danger.

Even if owners or hosts say they didn’t know there was an issue, they can often be held responsible if a routine walk-through or inspection would’ve uncovered the hazard.

When is the host legally responsible for a guest’s injuries?

If you were hurt during a short-term stay or as someone’s houseguest, your ability to hold the host accountable depends on several factors, like how the injury occurred and what you were doing at the time you got hurt. The following situations are some of the times when a host is likely to be liable:

The host created the hazard

If the host did something to cause the danger, like built unsafe bunk beds, took on DIY electrical work without following proper codes, or added an unpermitted deck, they are likely to be liable if an injury occurs as a result of one of these projects.

The host knew or should have known about the hazard

A host may not need to be the one who created the hazard. If the host knew about an issue or should have discovered it (for example, leaking pipes that have clearly been there for months, or defects reported in previous guest reviews), then not fixing the problem can count as negligence. Property owners are expected to fix or warn about dangers they are or should be aware of.

Negligent security

Guests are not just at risk from household hazards; sometimes the property itself isn’t secure. Maybe a door doesn’t lock, or outside spaces are poorly lit when nighttime security precautions are clearly necessary. If a crime occurs and the guest is injured because of a lack of security, it’s possible that the host could be liable, even though they technically had nothing to do with the actual injury.

Not every accident means the host is at fault, but if the injury traces back to something the host could have prevented, there could be grounds for a legal claim.

Is the rental company ever liable for a guest’s injuries?

While the host is often liable when injuries occur on their property, there are rare times when a rental platform could be directly liable. Examples of this include:

Failure to remove hosts from the platform

When hosts violate the rules or a listing is not adequate, it should be removed. If the platform hears complaints from several guests about a dangerous situation at a rental, but never investigates, there could be some argument for liability.

Poor safety policies

Rental platforms are supposed to screen listings and hosts. If a company doesn’t run background checks like they’re supposed to, they could be putting guests in danger. If someone is hurt as a result, that could place liability on the rental company.

Promoting listings with known problems

A rental platform may encourage guests to book a rental unit even though there have been reports of major risks, like crime or building safety issues. If injuries happen at one of these properties, the company could be directly liable.

Short-term rental platforms often include language in their contracts that tries to shift blame away from themselves if something bad happens. They usually put responsibility on hosts or property managers. Still, this doesn’t mean they can never be responsible. A lawyer can help you determine who could be liable for your damages if you experience an injury at a short-term rental property.

How a victim gets compensated for injuries

Getting money to cover your injuries after an accident in a short-term rental isn’t always straightforward. The process can be confusing, with several steps and different sources of possible compensation. That being said, it’s certainly not impossible. Here are some ways you might be able to cover your injury costs and other damages.

Host’s insurance coverage

A responsible host will have insurance coverage specific to a short-term rental business. In these cases, you should be able to file a claim with their insurance company and get what you’re entitled to if you can prove that they should be held responsible.

Not every insurance plan covers short-term guests, though. If the host neglected to get short-term rental insurance, their insurance company will refuse coverage.

Protections through the rental platform

If you booked through a service you may have additional protections. For instance, these platforms often have their own insurance coverage. If your injury was due to the rental platform’s conduct and they can be held directly liable, their own insurance coverage can cover your losses.

Third-party responsibility

Sometimes, the injury happens because of outside people or companies’ actions (or inaction). This could include a cleaning company that missed a serious hazard, a pool maintenance business that didn’t keep equipment safe, an elevator company, or security company that didn’t do their job correctly. In these situations, you might have the right to claim against those companies or their insurance.

Your own insurance

You should also be able to get coverage for your injuries from your own health insurance policy. If you purchased travel insurance, it might cover some accidents and injuries – you’ll have to look at the specific policy you purchased.

If you’ve been hurt, these layers of insurance and responsibility can be complicated to work through. Having a legal professional on your side is important and can make a huge difference in helping you get what you’re entitled to.

Let our team help you. For more than three decades, we’ve been assisting injured victims in recovering the compensation they truly deserve, leading to tens of millions of dollars recovered on their behalf. When you’re ready to learn more about your possible claim, contact Plattner Verderame Arizona Injury Lawyers to schedule a free consultation with a short-term rental injury lawyer.