California Airbnb, VRBO & Short-Term Vacation Rental Injury Attorneys
A popular lodging accommodation option while traveling is to stay in a short-term vacation rental rather than a hotel. Airbnb and VRBO are two online platforms that provide home, apartment, and individual room rentals. People who own these properties are expected to keep their properties safe, but what happens when you are injured as a guest staying at an Airbnb or VRBO listing?
Why Hire an Attorney After a Rental Injury
An attorney will investigate the claim and review the details of the case. This can be complicated because insurance policies, host protection programs, booking arrangements, property listings, maintenance responsibilities, and other circumstances have to be considered.
An attorney will be able to find out who is liable, as there may be multiple parties to consider, such as the property owner, a property management company, and possibly even those who are responsible for maintaining the property.
The team of experts at Oaken Injury Law understands the critical factors that need to be considered when evaluating an Airbnb, VRBO, or vacation rental property injury and will guide you through the process of how best to handle your case.
Who May Be Responsible for a Rental Injury?
Multiple parties may be liable when someone is injured at a vacation rental. The property owner, property management companies, and possibly even those who are responsible for maintaining the property could all be found liable. Knowing of the dangerous condition or safety issue that resulted in the injury plays a large role in these claims.
A property owner is not automatically responsible every time someone is hurt on their property, even if there is a dangerous condition. In many cases, liability comes down to whether the owner had notice of the dangerous condition before the incident happened. There are two types of notices: actual notice and constructive notice.
Actual notice
The homeowner or property manager knew about the dangerous condition.
Constructive notice
The condition existed long enough that it should have been discovered through reasonable inspection and maintenance.
Proving either notice turns on details. Important facts include how long the condition was there, whether inspections were done, whether there were prior complaints, whether surveillance footage exists, and what the maintenance records show. These are often the details that matter most.
Common Causes of Airbnb & VRBO Injuries
When you are staying in an unfamiliar place, there are a lot of ways accidents can happen. If the place you are staying has a dangerous condition that causes an injury, there is a potential case. The dangerous condition is the thing an injured person can point to as the reason the incident occurred.
Dangerous conditions can arise for a variety of reasons, including a defect that was never repaired. Common examples include:
Walking-surface hazards: uneven pavement, poorly maintained walkways, slippery flooring, broken stairs, torn carpeting, and clutter left in a walkway.
Structural and safety hazards: loose, missing, or unstable railings, defective balconies, defective gates, missing safety barriers, and defective furniture.
Lighting, maintenance, and water-related hazards: poor lighting, leaking refrigeration or display cases, and swimming pools or hot tubs that are not properly maintained.
Other unsafe conditions: other dangerous conditions that were allowed to remain on the property may also support a claim, depending on what happened and who was responsible for the property.
In many of these cases, the real issue is not just whether the condition was dangerous. The issue is whether the people responsible for the property knew, or should have known, about it and failed to take reasonable steps to fix it or warn about it.
Steps After an Airbnb or VRBO Injury
It’s important to act quickly if you are injured in an Airbnb, VRBO, or vacation rental. Waiting too long can result in lost evidence that could have supported your case.
Consider the following 10 steps:
- Seek medical attention. If you are hurt, make sure you get the medical care you need. Prompt medical evaluation also creates medical records documenting the injury and when it occurred.
- Document the condition that caused the injury. Take photographs and videos of what caused the injury.
- Capture the scene from multiple angles. Photograph the hazard both up close and from farther away so the location of the defect within the property is clear.
- Preserve any physical evidence. If an object involved in the incident is broken or defective, avoid discarding it if possible.
- Report the incident. Notify the property owner, host, or property manager that an injury occurred.
- Identify witnesses. Try to find other guests, neighbors, or maintenance workers who may have observed the dangerous condition or the accident itself.
- Avoid altering the scene. If it can be done safely, try not to change or repair the condition that caused the injury before it is documented.
- Save screenshots of the rental listing and description. Property listings on vacation rental platforms can change quickly after an incident.
- Search for prior real estate listings of the property. Zillow or Redfin can sometimes have photos of the home from when it was previously sold.
- Call an attorney. They’ll help you understand your rights and guide you through the potential next steps.
Photograph the size or scale of the hazard. If possible, place an object such as a ruler, measuring tape, coin, or other commonly recognized item next to the defect when taking photos. This can help show the depth of a hole, the height of an uneven step, or the size of a broken surface.
Record video of the area. Video footage can provide additional context that still photographs may not capture. Slowly recording the surrounding area can help show lighting conditions, walkways, and how the hazard appears when moving through the space.
Taking these steps can help preserve important evidence regarding how the incident occurred and the condition of the property at the time the injury happened.
Speak With an Airbnb & VRBO Injury Attorney
If you or a family member has been injured on someone else’s property, speaking with an attorney may help clarify whether a claim exists, what evidence should be preserved, and what steps should be taken next.
At Oaken Injury Law, we represent individuals who have been injured due to unsafe property conditions throughout California, including communities in Sacramento County, Orange County, and beyond. Our firm can review the circumstances surrounding the incident, help identify responsible parties, and assist in evaluating the potential claim.
