Vacation rentals like Airbnb and Vrbo properties don’t feature hotel staff monitoring hallways or fixing hazards as they discover them. Accordingly, liability for a vacation rental slip and fall generally depends on who controlled the condition that caused the injury.
What Duty Does a Host Owe Guests?
Illinois premises liability law generally treats short-term rental guests similarly to hotel guests or invitees, meaning the host owes a duty to maintain the property safely and warn of hazards that aren’t obvious. This includes issues like uneven flooring, poorly lit stairs, slippery decks or pool areas, and defective railings.
Depending on who is responsible for maintaining the property, the following parties could be liable for any injuries to guests:
- The property owner or host is typically responsible for maintaining the property in a reasonably safe condition and disclosing known hazards, such as a broken step or slippery deck.
- A property management company, if one is hired to maintain the property, may share liability for failing to address maintenance issues.
- Airbnb or the booking platform is rarely directly liable, since these platforms generally operate as booking intermediaries rather than property managers, though this can depend on the platform’s specific role and representations.
An experienced Geneva premises liability attorney can help you identify the potentially liable parties in your case and determine whether they failed to maintain their property in reasonably safe condition.
What Makes These Claims Different From a Hotel Claim?
Vacation rental accident claims have similar legal frameworks to hotel injury claims. However, these cases have unique features that can make them more difficult to prove than a traditional hotel accident case; these include:
- No on-site staff, which can make it harder to establish how long a hazard existed or whether the host had notice.
- Limited documentation, since most hosts don’t keep formal maintenance logs or incident reports like commercial properties do.
- Host communication records, including messages through the booking platform, can become key evidence of what the host knew and when.
These claims also have unique insurance coverage scenarios, since coverage may involve the host’s homeowner’s policy, a specific short-term rental policy, or platform-provided host protection coverage (each with different terms and exclusions).
Common Injuries From Vacation Rental Falls
Falls at Airbnb and vacation rental properties can result in injuries ranging from minor to severe, often influenced by the type of hazard.
Common injuries include:
- Fractures from falls on stairs, decks, or uneven flooring.
- Traumatic brain injuries and concussions from falls on hard surfaces
- Spinal cord injuries from falls from balconies or decks
- Sprains and strains from tripping and bracing for impact
- Cuts and lacerations connected to falls near glass doors or poorly maintained railings
- Soft tissue injuries from forceful contact with the ground or other objects
If you suffered these or other injuries at an Airbnb or another short-term rental, you could be entitled to file a slip and fall claim. An experienced injury attorney can help you seek compensation for your medical bills, lost income, and pain and suffering related to your fall. Call Feagans Law Group to schedule a free consultation to learn more.