What to Do if You’re Hurt in an Airbnb or VRBO
You booked a short-term rental expecting a comfortable, safe place to stay during your vacation or business trip. Instead, you’ve been injured on the property. Maybe you fell down poorly maintained stairs, got shocked by exposed electrical wiring, or were hurt by something the owner failed to disclose. Well, as frustrating as it might be, you’re not alone. These types of injuries are, unfortunately, far more common than most people realize. They can also be quite complex.
Whether it’s an Airbnb, VRBO, or independent property, understanding what steps to take immediately after getting hurt can protect your future and give you the best chance at being properly compensated and cared for.
Get Medical Attention Without Delay
Your health is the absolute priority, regardless of how the injury happened or who might be at fault. If you’re seriously injured, call 911 immediately. Don’t let embarrassment or concern about ruining your trip keep you from getting emergency care when you need it.
For injuries that aren’t life-threatening but still require attention, visit an urgent care facility or emergency room as soon as possible. Don’t wait until you get home or convince yourself the injury isn’t that bad. Delaying medical treatment creates gaps in your medical records that property owners and insurance companies will use to argue your injuries weren’t serious or weren’t caused by the incident at the rental.
Be completely honest with healthcare providers about how and where you were injured. Tell them you were staying at a short-term rental and explain exactly what happened. This information becomes part of your medical record and helps establish the connection between the property condition and your injuries.
Document Everything at the Scene
Before you leave the rental property or as soon as you’re physically able, document the scene thoroughly. Use your phone to take photos and videos of the issue that caused your injury. If you tripped on broken stairs, photograph them from multiple angles, showing the damage and the surrounding area. If you were hurt by a malfunctioning appliance, document the appliance, any visible defects, and the area where the injury occurred. You get the idea.
You’ll also want to screenshot or save all communications with the property owner or manager. This includes the original listing with its description and photos, all messages exchanged before and after booking, and any communications about the injury. These records typically contain crucial evidence about what the owner knew about property conditions and what they represented to you as a guest.
Report the Injury Through Official Channels
Notify the property owner or manager about your injury immediately, but do this carefully. Report the facts of what happened without admitting any fault or making statements that could be used against you later. Say “I was injured when the deck railing collapsed” rather than “I should have been more careful” or “It was probably my fault.”
Report the incident through the Airbnb or VRBO platforms in addition to contacting the owner directly. These platforms have different policies about injuries on their properties, and reporting through official channels preserves your ability to pursue any remedies they might offer.
Don’t accept any immediate offers of payment or settlement from the property owner, even if they seem generous or come with apologies. You don’t yet know the full extent of your injuries or what your medical expenses and other damages will ultimately total. Accepting money or signing anything at this early stage might prevent you from seeking additional compensation later when the real cost of your injury becomes clear.
Understand the Complex Liability Issues
Determining who’s legally responsible for your injury in a short-term rental involves complex questions that don’t have simple answers. The property owner is the most obvious potential defendant, but liability might also extend to property managers, maintenance companies, or even the rental platform itself, depending on the circumstances.
Property owners have a legal duty to maintain their rentals in reasonably safe condition and to warn guests about known hazards that aren’t obvious. If your injury resulted from the owner’s failure to maintain the property, fix known problems, or warn you about dangerous conditions, they might be liable for your damages.
However, short-term rental platforms like Airbnb and VRBO typically claim they’re merely facilitating connections between hosts and guests rather than operating the properties themselves. This positioning shields them from liability in many cases, though there are exceptions depending on how involved the platform was in the property’s marketing.
Regardless, you need to work with a personal injury attorney who understands lodging accidents like these and has experience navigating the specific challenges they present.
An experienced attorney can investigate who owns the property, what insurance coverage exists, whether the property has any history of similar incidents, and whether any building code violations contributed to your injury. They understand how to pursue claims against individual property owners while also evaluating whether the rental platform might share liability.
Preserve Your Rights
Don’t let the informal, friendly nature of short-term rentals make you hesitant to pursue your legal rights when you’ve been injured due to someone else’s negligence. Property owners who rent their homes to guests take on responsibilities to maintain safe conditions. When they fail in those responsibilities and you get hurt, they should be held accountable.
