If you sustained injuries at a property you or someone else rented through the private stay vacation rental site Vrbo, you may have the legal right to receive compensation for your losses.
In an ordinary situation, however, you probably won’t have to sue Vrbo (the company) to get that money. Instead, in most situations, your claim will be against the owner of the vacation property and the insurance covering the owner’s liability for the harm you suffered. The vacation rental accident attorneys in Wilmington, NC at Horton & Mendez can share what you need to know to succeed in suing a Vrbo owner.
Premises Liability at a Vrbo Rental Property
As a general legal principle, owners of vacation rental properties have a legal duty to maintain them in a safe, habitable condition for paying guests and other authorized visitors. They must comply with building, fire, and health codes, for example. They must also either fix, disclose, or prevent renters from having access to any known, non-obvious hazards like, say, loose railings, faulty wiring, or environmental contamination.
If a guest at a Vrbo rental property suffers injuries as a result of the owner failing to fulfill those duties, the owner can usually be held liable for the guest’s damages. This principle is known in legal circles as “premises liability”.
An injured guest can generally demand compensation from an at-fault Vrbo property owner for damages, including medical and other injury-related expenses, lost income and job benefits, physical pain, emotional suffering, and diminished quality of life.
A Vrbo Owner’s Liability Insurance
To address the risk of premises liability, Vrbo owners have the option of purchasing vacation rental liability insurance coverage. Vrbo encourages property owners who list on its site to carry that insurance as protection against a claim by a guest.
Additionally, Vrbo has a practice of providing its property owners with supplemental liability coverage of up to $1 million, covering owners’ liability for guests’ injuries and losses. An owner must pay any damages owed for a guest’s injuries that are not covered by an insurance policy.
Rental Agreements and Limitations on a Vrbo Owner’s Liability
Vrbo owners are, essentially, short-term landlords for their guests. They set the price, length of stay, and House Rules by which renters must abide, subject to any applicable short-term rental laws and ordinances.
In addition to the terms spelled out in a Vrbo property listing, some owners require their guests to sign a rental agreement (a short-term lease) for the vacation rental. If they do, that agreement can supply more terms and conditions for the stay and, importantly, the legal relationship between the owner and renter.
Rental agreements, when used for a Vrbo stay, often include provisions limiting an owner’s liability to guests. Up to a point, the law generally allows the parties to a contract — including a short-term rental agreement for a Vrbo — to define when and for how much one of them can be liable to the other for damages.
For example, an owner’s rental agreement for a Vrbo stay might say that the owner assumes no responsibility for injuries guests sustain while swimming in a pond or playing on a rope swing on the property.
But there’s a limit to these limitations. In most cases, Vrbo owners can’t ask their guests to sign away claims arising from an owner’s grossly negligent or intentionally harmful conduct.
So, even if a Vrbo renter signs a rental agreement that limits the owner’s liability for certain injuries or hazards, an injured guest may still have a claim if they suffered harm because of an owner’s knowingly extreme or reckless decisions, actions, or inactions.
Others Who May Have Liability for Injuries Suffered at a Vrbo Property
Property owners aren’t necessarily the only parties who may owe damages to a guest who suffers harm during a Vrbo stay. Anyone whose unreasonably dangerous conduct injures others can have liability to those they harm.
In the case of injuries sustained at a Vrbo property, that could include:
- Another guest or visitor at a Vrbo property who engages in careless or reckless misconduct
- The manufacturer of dangerously defective appliances, equipment, or materials found at a Vrbo property
- A third-party contractor invited by the guest onto the Vrbo property who causes a hazardous condition
These are just a few examples. But they illustrate that Vrbo guests needn’t limit their efforts to obtain compensation to suing the vacation rental property owner in many cases. They may have the option of pursuing payment from other liable parties, too.
How Our Lawyers Can Help
As the discussion above reflects, obtaining money for injuries suffered at a Vrbo isn’t necessarily straightforward. It requires figuring out the nature and extent of the Vrbo owner’s liability coverage, analyzing the terms and conditions of the stay (including any limitations of liability in a rental agreement), and reviewing the facts to identify other parties who may owe damages.
The most reliable way to secure payment for losses suffered at a Vrbo vacation rental is to hire an experienced personal injury attorney. A lawyer can efficiently assess an injured guest’s rights, evaluate their losses, handle all dealings with insurance companies, represent the guest in court, and take all other steps necessary to secure the maximum possible compensation.
Contact an Experienced Premises Liability Lawyer at Horton & Mendez Injury Attorneys Today
If you or a loved one sustained injuries while staying at or visiting a Vrbo vacation rental property, you may have significant rights to hold the property owner, their insurer, and others financially accountable for your losses.
Horton & Mendez can help. We have years of experience fighting to secure payment for people who have suffered harm because of dangerous property conditions. Contact us today for a free consultation to learn about your rights and what we can do for you.
FAQs About Vrbo Injury Claims
Is suing Vrbo, the company, an option for me?
Every case is different, so we can never say never. But in most situations, suing Vrbo, the company, might be more trouble than it’s worth, due to the legal status of property owners and guests vis-a-vis Vrbo, and the terms and conditions Vrbo sets for the use of its site and services.
Should I take a settlement the property owner’s insurance offered me?
Talk to us first. There’s a good chance that the offer falls well short of what you deserve to receive and that a skilled lawyer negotiating on your behalf could get you a lot more.
