Premises Liability and Vacation Rental Properties
You got a great deal on an Airbnb rental in a tropical location. The pictures look great and the owner has been informative and hospitable, even offering a discount for your stay. You arrive at the property and seriously injure yourself on the premises. Is the vacation rental owner liable for your injuries? What about Airbnb, VRBO, or the company through which you found the short-term vacation rental? How would you bring a personal injury suit against a vacation property owner? These are excellent questions. Premises liability is applicable to vacation properties, and protections do exist for consumers and vacationers staying in rental homes, even for under 24 hours. If you were injured during a recent vacation home stay, contact our attorneys at Rocky Mountain Personal Injury Center.
Waivers and Releases
Large companies like Airbnb, VRBO or Flipkey work exclusively to connect tourists with property owners in desirable destinations. When consumers book directly through these rental agencies, they often secure temporary housing at steep discounts. Despite the tempting prices, there are limitations to a booking agency’s liability for defects on premises. Usually, the tourist or business traveler is required to sign a standard waiver of liability or a release, inconspicuously in fine print, or a checkbox that is clicked on before proceeding with a booking or purchase. Many people do not read disclaimers or releases prior to signing.
The Airbnb guest release and waiver states that by signing, the guest indemnifies the host from “any liability, demand, loss, damage or costs” the host would incur due to a claim. The language of the waiver also states in capital letters that by signing, the guest “gives up rights,” and that a unique experience or rental opportunity provided by the host is “as-is” without warranties. The release also states that the guest agrees not to sue the host for any claims for damages, including tort negligence.
Although this waiver may seem iron-clad, it is not. Waivers are not a guarantee to prevent litigation. If this was the case, you would have to sign a waiver every time you left your home, and anytime you were on public or private property. If you can prove that conditions were unsafe, dangerous ,or treacherous, that the host/owner should have known or did know of the conditions, and the host failed to warn you, repair the hazard, or refund your booking because of the unsafe conditions, you can establish negligence on the part of the host. If the host’s negligence was a proximate cause of your physical injuries, or worse, then that host can be held responsible even if a waiver or release was signed.
Next Steps
Before you book your next VRBO or Airbnb rental, call the potential host to verify the date of pictures posted, the location of the rental, safety features available (like handrails, lighted walkways, disabled access bathrooms, fire extinguishers), as well as recent updates to the premises. Request that the owner or a property representative be present upon your arrival to inspect the premises and complete a walk-through. Make note of anything that appears to be broken or damaged. Check appliances, wiring, and other fixtures. If you are not comfortable, you are not compelled to stay, and you should be entitled to at least a partial refund.
If you do you injure yourself, or are suffering from injuries sustained at a short-term rental property, call 911 and seek medical treatment immediately. If possible, document photos of the defective fixture, staircase, or location of the incident. Notify the property owner that an injury took place; it is possible that the owner has property insurance to cover guest bodily injury, but not guaranteed because the injury occurs on a rental property used for business purposes. Keep a copy of receipts, your rental agreement and any waivers you were required to sign. Airbnb now offers hosts liability protection for damages and personal injuries suffered by guests, up to $1 million. Any damages exceeding the liability limits would fall on the host. Contact our lawyers at Rocky Mountain Personal Injury Center to identify your case options and discuss next steps.
Schedule a Consultation Today
If you or someone you know were recently injured while visiting a rental property, contact our attorneys at Rocky Mountain Personal Injury Center. Even if large rental companies cannot be held liable, the property owner owes a duty to you as an invited guest to maintain the premises adequately and warn you of hazards that cannot be readily fixed or replaced. You should not be concerned with paying for medical treatments or seeking lost wages because of another person’s negligence. Contact our attorneys today to schedule a consultation and obtain damages to which you are entitled.
