When is an injury at a vacation rental the host’s fault?

On Behalf of | Oct 24, 2022 | Premises Liability |

As we get into the holiday season, many families will be choosing to have holiday get-togethers at vacation rentals. Renting a home can be the most cost-efficient and comfortable option when you’ve got family (and/or friends) gathering from across North Carolina or places further away.

However, staying in a home rather than a hotel can come with additional risks. You rely on the owner of the property (the “host”) to keep everything in good condition. However, accidents happen.

Host vs. guest responsibility

If someone suffers an injury on the property, is the host responsible for compensating you? In most cases, they are (or at least their insurance provider is). However, there are some cases where the guest cannot hold them responsible.

For example, if an injury occurred because a guest was behaving recklessly, they likely can’t hold the host responsible. For example, if a child who is using a bed as a trampoline falls and breaks their leg, that’s not the fault of the host. The same is true if a guest falls into the pool while they’re drunk and hits their head.

However, if a guest is injured because there was a dangerous condition that wasn’t repaired or removed, the host’s insurance should cover the cost. In addition to compensating guests for injuries, this insurance typically compensates them for damage to their belongings if it’s caused by a condition in the home, like an open can of paint that spills onto a guest’s clothing or luggage.

Look at the insurance coverage first

It’s always a good idea to look at the host’s insurance coverage before you make your reservation. It’s also important for all guests to remember that they’re in someone else’s property. If the reservation is in your name, you could be held liable for any damage they cause.

If you do suffer an injury in a vacation rental for which you believe you’re not being offered fair compensation, don’t agree to a settlement until you’ve sought legal guidance.