Blog Post

Renting a vacation property can be a great alternative to hotels or resorts, especially when it comes to saving money on your travels. The question is, what if you’re injured on one of these properties? Depending on the circumstances, you may be eligible to receive compensation for your medical bills, pain and suffering, and other damages. Here’s everything you need to know.

What Happens if You Get Hurt at an Airbnb, Vrbo, or Other Vacation Rental? Can You Sue?

All properties (including vacation rentals) fall under a legal doctrine called premises liability. Under this doctrine, vacation rental property owners have a legal duty to maintain safe conditions on their property to shield their guests from injury. If they fail to do this and someone is injured, the property owner can be held liable in a lawsuit. Of course, this depends on whether or not the injury arose from negligence of the property owner or out of carelessness of the guest.

For example, if a guest burns themselves on a hot stove on the property while using it to cook a meal, the property will generally not be held liable if the stove is well-maintained. However, if a bookshelf collapses and falls on a vacation rental guest’s head, they may have the option to pursue compensation for their medical bills. Generally speaking, most vacation rental platforms like Airbnb and Vrbo offer liability insurance policies to their hosts to cover any injuries that occur on their property.

What to Do If You Were Injured at a Vacation Rental

Because vacation rentals involve multiple parties, it can be complicated to know who to contact when an injury occurs and the process for obtaining compensation. Here are the general steps you’ll need to take to:

1. Seek medical attention: The top priority when an injury occurs on a vacation rental property is making sure everyone has received medical treatment and a full evaluation. This not only ensures that any medical conditions are addressed but can also help support your claim if you decide to pursue damages. A medical evaluation will detail how the injury occurred and the level of injury sustained, which can be used as evidence during the settlement negotiation process.
2. Report the incident: If your rental was through Airbnb, Vrbo, or another platform, contact the host directly to let them know what happened. You should also report the incident to the vacation rental company itself. Be sure to stick strictly with the facts and avoid making accusations or admitting fault.
3. Document everything: Take pictures of the injury site and your injury, and make note of the date and time of the incident. Additionally, record the names and contact information of any witnesses that were present, the names and contact information of the host, booking receipts, and any communications made regarding the incident or your injuries.
4. Contact a lawyer: When all involved parties have been contacted, the next step is to contact a personal injury lawyer for a consultation to go over the details of the incident and review your options for a claim. A lawyer can work as an intermediary between you, the host, the vacation rental company, and the insurance company assigned to the case. They can also work to investigate the incident itself to determine the level of negligence present and who might be held liable.

Why Hire a Lawyer for a Vacation Rental Injury?

Personal injury cases are rarely straightforward, but cases that involve third-party vacation rental platforms can be particularly challenging. In other types of premises liability cases, there is usually a clear definition of who the property owner is and how compensation might be recovered. But with platforms like Airbnb or Vrbo, you’ll likely need to go through many more layers of investigation and communicate with multiple parties, including hosts, insurance companies, customer service, and property managers or landlords. These parties may even try to avoid contact or shift the blame in an attempt to avoid fair payment.

At Porter Simon Sierra Injury Lawyers, we understand how frustrating it can be to figure out who’s actually responsible after a vacation rental injury. Our team knows how to navigate these cases, from investigating property records and identifying the right insurance policies, to cutting through red tape with hosts, platforms, and property managers. If someone’s dodging responsibility, we’ll subpoena the records and evidence needed to hold them accountable. We’ll also manage the paperwork, deadlines, and all the follow-up so your case doesn’t slip through the cracks.

What Factors Might Affect Your Vrbo or Airbnb Injury Claim?

Besides avoiding contact or shifting blame, there are many other ways that vacation rental platforms and hosts may try to invalidate your claim. One way is by using waivers against you. Liability waivers are meant to shield vacation rental companies and hosts from lawsuits in the event that an injury takes place on one of their properties. Even if you have signed a waiver, it does not necessarily mean you cannot file a claim for compensation. It’s important to discuss the details of your situation with an attorney to understand your next steps.

Another important consideration in Airbnb and Vrbo injury claims is the state’s comparative negligence law. If the injury occurred in California, liability is determined by pure comparative negligence, meaning that if your host is found at least 1% responsible for your injuries occurring, you may be able to recover at least some of the damages. Nevada, on the other hand, uses a modified comparative negligence model, which means that you will need to prove that your host was at least 51% responsible for your injuries or you will not be able to receive compensation.