Houston Airbnb Slip and Fall Lawyer: Can You Sue a Property Owner in Texas?

Houston, Texas, was one of Airbnb’s most wishlisted cities of 2024. If you book a stay here, you’re owed a high degree of care from the person who manages the property, both morally and legally. Yet an attorney who handles Airbnb cases knows that a false sense of safety often masks fall risks in unfamiliar spaces with inconsistent upkeep.

Slip-and-fall injuries can vary widely, and small bumps or bruises can become hauntingly persistent. The Houston personal injury lawyers at Carabin Shaw look to the property owner’s actions to recover damages. Depending on the legal factors covered in the sections below, you can often sue the owner. However, general guidelines can't replace a nuanced review of your case. That’s why you can contact our law firm online to get the process started at no upfront cost to you! We offer free case reviews to injured victims, and you owe no money unless we win your case.

Your legal rights as an Airbnb guest matter. Under property law, guests are almost always considered “invitees,” a designation that requires owners to provide the highest duty of care. In addition to warning of and fixing known dangers, property owners must inspect the premises for unknown dangers on your behalf.

Your Airbnb slip and fall attorney can build a case around two key concepts:

• The owner had actual or constructive knowledge of the hazard.
• The owner failed to fix the hazard or adequately warn you.

“Constructive knowledge” is information the property owner should have discovered through reasonable care, and it’s legally treated the same as actual knowledge. In the case of CMH Homes, Inc. v. Kirk Daenen, a ruling for an invitee was overturned because there wasn’t enough evidence proving constructive knowledge. Having a lawyer who understands this concept is crucial.

Houston has one of the highest rates of new home construction in the U.S., making unsecured construction sites risk factors in some Airbnb properties. Your Houston Airbnb accident lawyer will seek accountability for these and other common hazards like:

• Unsafe swimming pool or deck areas
• Broken stairs or railings
• Uneven sidewalks
• Wet, slippery floors
• Loose rugs
• Poor lighting near stairs or outdoor walkways
• Elevator malfunctions

Poorly managed guest turnover can contribute to some of these issues, leading to deferred maintenance or rushed cleaning.

There are four basic elements to a premises liability case against an owner in Texas:

1. The owner’s duty
2. Owner’s breach of duty
3. Causal link to your injuries
4. Damages you can recover

Your lawyer is key in proving each point and navigating the concerns below.

Insurance Isn’t Enough

Airbnb’s AirCover provides host liability insurance up to $1 million. Even with this coverage, you might still ask: “Can I sue an Airbnb owner for a slip and fall in Texas?”

The short answer is yes, for a few reasons:

• Claim denials
• Low settlement offers
• Complex web of multiple insurance policies
• Disputed liability

Maybe you share some responsibility for an Airbnb accident. Under the law of proportionate responsibility in Texas, this might reduce your damages, but it doesn’t always mean you recover nothing. In this scenario, your attorney must show that your responsibility was 50 percent or less.

To prove the four premises liability cornerstones, key evidence might include:

• Photo or video
• Communications with the owner
• Medical records
• Inspection reports, maintenance records, and prior complaints

Our law firm’s client reviews show a thorough approach to securing the right information at every step.

Call Carabin Shaw’s toll-free number 1-800-862-1260 or contact us online to speak with our staff in English or Spanish, available 24/7. Evidence and hazards can disappear quickly in short-term rentals, so we strive to lower the barriers to finding out whether you have a case. You pay nothing unless we win.

For more information:

• Airbnb Newsroom
• Casemine
• Texas Statutes 33