Injuries at AirBnB or Short-Term Rentals: Who’s Responsible?

Booking a short-term rental through platforms like VRBO and Airbnb may seem like a convenient way to relax, escape from the demands of daily life, and get more space to yourself. But what happens when your vacation takes a left turn and leaves you seriously injured?

Short-term rentals have exploded in popularity in recent years, and with that popularity has come a flurry of new injury reports. These situations put travelers in a tough position, because they aren’t sure who’s liable, how to pursue compensation, and what their rights are. That’s where our team of premises liability attorneys steps in to help. Call Wagner Workers’ Compensation & Personal Injury Lawyers to get started.

Common injuries in short-term rentals

Short-term rentals vary dramatically in terms of quality and safety. While hotels typically have to have a specific license and go through routine inspections by the state, short-term rentals only have such stringent regulations in a handful of municipalities. Some short-term rental hosts treat this as a business, keeping their property in tip-top shape and protecting themselves from liability in every way possible. Others keep their property in such a state that they should really be paying people to stay there, not charging them money for it. This inconsistency can lead to injuries like:

• Slips and falls on wet floors, loose rugs, and poorly maintained
• Burns from malfunctioning stones, ovens, and fireplaces
• Carbon monoxide poisoning from inadequate ventilation or faulty appliances
• Pool accidents caused by a lack of fencing, non-functioning door alarms, and missing safety equipment
• Deck or balcony collapses caused by structural neglect and decay
• Inadequate security incidents leading to assaults and theft

How premises liability works

Premises liability claims are claims against property owners who do not take reasonable steps to protect visitors, guests, and clients from avoidable injuries. For traditional hotels, this duty is well-defined and regulated at multiple levels. It’s a little bit more murky for short-term rentals, and unfortunately, visitors are often the ones left paying the price. Standards may vary based on local ordinances, specific agreements between guests and hosts, and state law. At a bare minimum, hosts and property managers should make reasonable inspections of the property, repair known hazards right away, and warn guests about risks that may not be obvious. What constitutes ‘reasonable’ will depend on the circumstances.

Property owner vs. platform responsibility

One of the biggest questions that comes up time and time again is, “Can I hold the platform responsible or just the host?”

Unfortunately, this isn’t a question with a cut-and-dry answer. In most cases, legal responsibility lies with the property owner or host. They are the ones who failed to fix known dangers, ignored safety standards, or failed to warn guests about dangers. These claims typically go through their homeowner’s or landlord’s insurance. The one issue here is property owners who never informed their insurance company that they were using their property as a short-term rental. When this happens, the insurance company often refuses to cover any related claims—and you have to go after the property owner personally for the compensation you are owed.

Although Airbnb and VRBO market themselves as intermediaries, Tennessee courts generally place liability on the host/property owner rather than the platform. Airbnb does provide Host Protection Insurance, but coverage depends on the facts of the case and is not guaranteed. Most platforms have some sort of host protection insurance program that pays out damages for guest injuries, but actually accessing that money is difficult. You may need to file your claim through the platform directly to go this route.

In some cases, injured individuals have attempted to sue platforms for putting obviously unsafe rentals on their platform or failing to check hosts’ criminal backgrounds and putting visitors in harm’s way. However, these claims often run into significant legal challenges, and you may struggle to get any compensation through this route.

Factors affecting liability

Liability in short-term rental injury cases can be difficult to determine, particularly when there are so many differences between different jurisdictions. State and local laws vary dramatically, with some areas treating short-term rentals like hotels and others treating them like private homes. The location of the incident also plays a role. Being injured in a common area—shared pool, hallway, or parking lot, to name a few—is different from being injured in your own private unit.

The length of your stay may also come into play. In Tennessee, guests who stay for extended periods—typically 30 days or more, depending on local law—may be considered tenants rather than visitors. In such cases, landlord-tenant statutes may apply instead of premises liability standards. This may change liability standards and legal options.

Finally, you should look into the waivers and disclaimers you agree to when you choose a short-term rental. Many short-term rentals require guests to sign waivers that waive them of liability for injuries or require them to go to arbitration if they have a claim. However, these clauses are not always legally enforceable, especially when a host is negligent. A visitor cannot sign away their rights, and a host can’t get away with obviously unsafe rental conditions by getting someone to sign a piece of paper.

This is why it’s so important to talk to a premises liability attorney as soon as you are injured. Get checked out by a doctor and then talk to a lawyer about your legal options. If your injuries are due to unsafe rental conditions, you should not be left to shoulder your injury-related costs on your own.

Injured in an Airbnb or VRBO? Let’s talk

If you’ve been injured in a short-term rental, you have legal options—but you must move quickly to preserve those rights and seek compensation. Set up a time to meet with the team at Wagner Workers’ Compensation & Personal Injury Lawyers. Call us or send us a quick message online to get started.