Who Is Liable for Vacation Rental Injuries: The Host, Owner, or Platform? Top Texas Attorneys

Whether you are touring The Alamo or spending a few days on the Gulf Coast, Texas hosts many visitors every year. Many tourists stay in vacation rentals, touted as a “home away from home” where visitors find comfort and privacy. Unfortunately, visitors may also encounter hidden safety risks in their Airbnb or Vrbo, such as broken handrails, electrical malfunctions, or a carbon monoxide leak.

When your relaxing vacation turns into an injury-ridden nightmare, the Texas injury lawyers at Carabin Shaw can help. We hold responsible parties liable for negligence that creates dangerous rental conditions. Our expert team offers free case reviews in English or Spanish to help you understand your rights and options. We are available 24/7 at 1-800-862-1260.

Vacation renters are considered invitees under the state’s premises liability law. Invitees are entitled to the highest duty of care, including regular inspections of the property for hazards, quick repair of defects, and adequate warning of potential dangers.

Identifying the liable party after an injury in a vacation rental is often easier said than done. Multiple parties may play a role in the circumstances that led up to your accident, including:

• The Airbnb host
• The property owner
• The vacation rental platform

A premises liability attorney will investigate the accident, identify the liable party, and hold them accountable for your injuries. In some cases, more than one party may contribute to the dangerous condition. Under Texas’s proportionate responsibility rule, you can hold all at-fault parties liable, according to their portion of responsibility for your accident.

The host of your vacation rental manages the guest experience, including cleaning and maintaining the premises. These parties have a duty of care to ensure the premises are safe for guests. If the host breaches their duty of care, injured guests may be able to hold them liable for injuries sustained on the property.

Examples of host liability might include:

• A fall due to a broken handrail
• Injuries after an unstable deck collapses
• Electrocution or burns due to faulty wiring
• Carbon monoxide exposure
• A trip over frayed carpeting

Your lawyer must prove the host had knowledge of the issue and failed to make repairs or provide a warning to hold them liable. Proof may come through inspection records, previous complaints, photographs, or other documentation your legal team gathers during an accident investigation.

If a host reports a problem with the property to the owner and the owner fails to address it, the owner may also be held liable for guest accidents and injuries. Property owners are also responsible for the property's security, protecting guests from trespassers and other dangers.

During the investigation of your accident, your attorney will follow the chain of command for the property to determine who was ultimately responsible for your injuries. Your legal team will determine which party:

• Has control over repairs and safety measures
• Knew about the dangerous conditions and failed to address them
• Failed to repair the hazard or provide a warning

Some accident victims ask about holding Airbnb or Vrbo liable for the injuries they sustained in a vacation rental marketed by one of these platforms. In most cases, you won’t have grounds to hold the platform liable. However, if your lawyer finds the platform had continued to market a property knowing there had been complaints or problems in the past, you may be able to seek damages from this entity as well.

Airbnb and Vrbo carry large insurance policies to cover guests injured on their properties. However, don’t expect the insurance company to give you a fair settlement without the assistance of a seasoned legal team like Carabin Shaw. We offer our services on a contingency-fee basis, so you pay nothing up front for our expertise. Check our law firm’s client reviews to see how we’ve represented other victims like you, then call us toll-free at 1-800-862-1260.

For more information:

• Texas Statutes 75
• Texas Statutes 33