Skip to content
ABSTRACT
While Airbnb, VRBO, and similar platforms offer coverage for property owner liability, this coverage may not be sufficient if you are injured.
In a vacation rental, the property owner has a duty of care to address hazards and to warn visitors about potential hazards. Vacation rental regulations may vary from city to city in South Carolina. However, when the property owner doesn’t meet their duty, they may be liable for the costs related to a visitor’s injuries.
Representing Injured People Since 1927
Vacation Rental Properties and Personal Injury
Injuries on vacation rental properties are shockingly common.
Over 45 million adults are expected to book a vacation rental through Airbnb, VRBO, or a similar short-term vacation rental platform this year, according to a news report from WCNC Charlotte. Unfortunately, not all of these rentals will be without incident.
A 2022 episode of The NFPA Podcast estimated that a vacationer is injured in a vacation rental home every 44 seconds on average. This estimate is based on evidence indicating that 50 percent of all injuries occur within the injured person’s home and the fact that vacation homes are unfamiliar to those staying in them, and the rate of injuries increases.
Beachfront Vacation Properties
Because beachfront properties are exposed to potentially harsh weather conditions as well as sea air, they may be more susceptible to maintenance issues if the property owner is not careful. Common causes of injuries on South Carolina beachfront vacation rental properties include:
- Broken stairs and stair railings, especially on beachfront properties
- Broken, rotted, or improperly installed decks and deck railings
- Building code violations or properties that are not up to code
- Broken, uneven, missing, or rotting flooring or floor support beams
Beachfront and other vacation property risks aren’t limited to structural damage from wind, water, salt and sand. They may also include leaves, branches, or other debris blocking paths or creating slippery conditions. Items blocking walkways in the home, like furniture, may lead to injury. Burnt-out lightbulbs or inadequate lighting can prevent visitors from seeing a hazard in time to avoid it. Neglected maintenance and repair can raise risk and cause compounding issues over time.
Fall injuries are common in short-term vacation rentals, and accidental poisoning may occur if cleaning supplies and other substances are stored in the rental without proper safeguards.
The presence of a pool can also create hazardous situations. If your vacation rental has a pool, do not leave children unattended in or near the water. Additionally, check with the property manager to see if the property has pool barriers or other safety precautions like alarms in place.
Even failing to give proper instructions and warnings to visitors can cause a hazard for which a property owner is liable. Lack of communication is the number-one complaint from short-term vacation rental visitors.
Tips for Staying Safe in Beachfront Rentals
If you’ve been injured in a South Carolina vacation rental, talk to the experienced attorneys at the Steinberg Law Firm today.
Injuries on Vacation and Rental Properties
About 6.1 percent of all complaints about Airbnb rentals are related to unsafe conditions on the property.
This is according to a study by the John Jay College of Criminal Justice and the University of Colorado School of Public Affairs.
Commonly-cited causes and types of injuries include:
Slip and fall accidents. Spills, items left in walkways, poor lighting, and broken or uneven steps or flooring can all lead to a slip, trip, or fall. Rental cleanliness is one of the most common Airbnb complaints - any messes on the floor or in walkways may lead to a fall injury.
Swimming pool hazards. Many vacation rentals come with swimming pool access, which is part of their attraction for vacationing families. Pools have long been known to pose special risks to homeowners and visitors, including slip and fall injuries, entrapment in pool drains or equipment, and drowning. In 2022, Airbnb launched a pool safety campaign aimed at encouraging hosts to improve pool safety with fences, door alarms, and other tools. Despite this, some experts warn that neither vacation rental owners nor visitors should rely on existing platform coverage or homeowners’ insurance policies to protect them if an injury occurs.
Fire. Fires can cause serious injury or death to vacationers. The Consumer Product Safety Commission (CPSC) recommends that travelers check for working smoke alarms, carbon monoxide detectors, and fire extinguishers. Creating an escape plan can help vacationers exit the rental quickly in an emergency.
Home elevators. In-home elevators can cause crush injuries, entrapment and suffocation, and other serious harm. Children are more likely to suffer these injuries because their small size makes it easier for them to become pinned or trapped in small areas. In 2021, the Consumer Product Safety Commission (CPSC) issued a letter urging Airbnb, VRBO, and other vacation rental platforms to require property owners to disable on-site elevators.
Health and sanitation conditions. The John Jay/University of Colorado report collected over 500 photographs of health and sanitation conditions Airbnb users had encountered in their rentals. These photographs depict insect and rodent infestations, mold, rotting food, and other hazards that can cause illness or injury.
Accidents and Injuries on Vacation Properties
Declining Airbnb, VRBO, and other vacation rental rates may indirectly increase the risk of injury. A November 2022 Time article notes that Airbnb rental rates are falling. Although short-term rental availability rose 23.2 percent in 2022, occupancy rates fell 10 percent on average nationwide.
With less income coming in and fewer people visiting the property, Airbnb owners may fail to perform needed maintenance or repairs. Pests have more opportunities to take up residence inside the vacant rental. Lightbulbs, smoke alarm batteries, and other necessary safety items may wear out and fail to work when visitors need them. When someone does rent the place for a stay, they may face an increased risk of harm.
Injury Claims in a South Carolina Airbnb, VRBO, or Other Vacation/Rental Property
When someone is injured at a short-term vacation rental property, their options for receiving compensation may be limited. Insurance coverage can be limited, difficult to access, or nonexistent. Yet these injured people may have valid claims under South Carolina premises liability law.
Insurance Coverage for Injuries in a Short-Term Vacation Rental
Airbnb, VRBO, and similar platforms offer insurance coverage to property owners who list short-term rentals with the service. This coverage includes insurance for medical needs like injuries suffered on the property.
The terms of the included coverage are limited, however. Airbnb and VRBO both offer “Host Protection Insurance,” which covers the property owner’s liability. This protection is capped at $1 million total, however, and it applies only to injuries that resulted from the owner’s negligence.
Travelers can opt for additional coverage. VRBO’s Elite Travel Insurance package, for instance, offers an additional $25,000 in Medical Insurance and up to $1,000,000 for Medical Evacuation for a party of travelers. This coverage applies to all medical conditions, not only those caused by the property owner’s actions or omissions.
Yet VRBO travelers must pay extra for this coverage or choose a similar travel insurance plan from a third-party provider. VRBO Elite Travel Insurance does not cover other losses, like lost wages or damaged property caused by an injury on the property. Nor does it cover the property owner’s liability in case of negligence.
Injured vacationers who exhaust the limits of trip insurance and cannot get Airbnb or VRBO’s insurers to deal fairly with their claim may have few other options. Homeowners' insurance typically does not cover short-term vacation rentals because homeowners insurance applies only to non-commercial uses of the property. Vacation rental owners can purchase special coverage that applies to commercial uses like rentals; however, many do not do so.
Insurance for Short-Term Vacation Rentals
Bringing a Claim Under South Carolina Premises Liability Law
Insurance companies seek to protect their bottom line.
Insurance adjusters will often fight to lowball an injury claim or even to avoid paying it altogether. During this fight, they may cite legal statutes or rules that seem to prevent you from recovering - even if those rules don’t strictly apply to your case.
For instance, insurance companies or property owners may claim an injured person cannot seek compensation, citing Section 27-3-30 of the South Carolina Code of Laws. This law absolves property owners of liability for injuries to visitors using the property for “recreational purposes.” However, this law specifies that the visitors must be on the land “without charge,” or having paid no admission price or fee to be on the land. Vacation renters, who have typically paid a rental fee, would thus not be covered by the statute - allowing them to seek compensation for injuries.
Don’t fall for insurance company arguments that you cannot recover adequate compensation for your injuries. Talk to an experienced South Carolina premises liability lawyer instead.
Premises Liability in South Carolina
A vacation property injury claim is typically a premises liability claim. These cases allege that you were injured because the property owner failed in their duty to keep the premises in a reasonably safe condition. A dangerous hazard developed as a result of the failure, and that hazard caused you harm.
Vacation rental visitors are considered customers under South Carolina premises liability law. The law holds property owners to the highest duty of care for customer safety.
To establish a premises liability claim after an injury in a short-term vacation rental, the injured person must show that:
The property owner had a duty of care. For paying vacation rental visitors, this duty is typically a responsibility to maintain the property in a reasonably safe condition for guests. If a hazard can’t be fixed, the property owner typically has a duty to warn visitors about it. The duty of care is lower for personal, non-paying guests of the property owner. It’s lower still for trespassers.
The property owner knew or should have known about the hazard. Reporting a hazard when you see it can help you establish that the property owner knew about the hazard. Building codes and other evidence can help show that a property owner should have known about a risk - especially if you, as a visitor, would never have been likely to discover it.
The property owner failed to act on that knowledge, causing you harm. Despite knowing about the risk, the property owner didn’t address it. This failure to act resulted in your injuries.
Insurance for Short-Term Vacation Rentals
South Carolina Premises Liability Law Firm
Speak with an Experienced Charleston Premises Liability Attorney to Learn More About Your Options
The popularity of short-term vacation rentals through Airbnb, VRBO, and other apps has increased in recent years. The number of injuries suffered on these properties has increased as well. If you’re injured while renting a vacation space in South Carolina, you have rights - including the right to speak to an experienced attorney about your case.
At the Steinberg Law Firm, our Charleston personal injury attorneys have more than 95 years of experience aggressively pursuing justice on behalf of those harmed due to negligence.
To establish your claim, gather evidence, and argue for compensation, work with an experienced South Carolina premises liability attorney. Your lawyer can help you navigate insurance company paperwork and fight for the compensation you need. We offer free, no-obligation consultations to anyone interested in learning about their options.
To learn more and to schedule a free consultation today, call 843-720-2800.