Arizona's beautiful landscapes and sunny weather make it a prime destination for tourists, with many opting for the convenience and unique experience of vacation rentals like Airbnb and VRBO.
While these short-term rentals offer a home away from home, they also present unique legal questions when an injury occurs. If you're hurt while staying at a vacation rental, you may be wondering: who is responsible?
Understanding Premises Liability in Arizona
The foundation for determining fault in a vacation rental injury lies in a legal concept called premises liability. This principle holds that property owners have a legal duty to maintain their property in a reasonably safe condition for visitors, guests, and tenants. This includes a responsibility to repair known hazards or, at the very least, provide adequate warning of their existence.
When you rent a property, you are considered an “invitee” under Arizona law. This means the property owner owes you the highest duty of care. They must proactively inspect their property for any unsafe conditions and take steps to fix them or warn you about them.
Who Could Be Held Liable for Your Injury?
Determining fault isn’t always straightforward, as multiple parties could be involved.
1. The Property Owner/Host
In most cases, the primary responsible party is the property owner or the host who lists the rental. They are in the best position to know about and correct any dangers on their property. Common examples of owner negligence include:
- Failing to clean up spills, leading to a slip and fall.
- Not maintaining a swimming pool with proper safety fencing or signage.
- Having broken furniture, faulty stairs, or loose handrails.
- Ignoring electrical problems or building code violations.
- Failing to provide adequate lighting in walkways or stairwells.
2. The Rental Platform (e.g., Airbnb, VRBO)
Holding the rental platform itself liable is more challenging. These companies typically classify themselves as neutral platforms that simply connect hosts with guests. Their terms of service agreements, which you agree to when booking, are often written to shield them from liability for injuries that happen at a host’s property. However, there could be rare instances where the platform could be found negligent, such as if they knowingly allowed a host with a history of safety violations to remain on their site.
3. A Third Party
Sometimes, the fault may lie with a third party. For example, if a property management company was hired to maintain the rental but failed to do so, they could be held liable. Similarly, if your injury was caused by a defective product on the property, like a malfunctioning grill or a poorly constructed chair, the manufacturer of that product could also be at fault.
Steps to Take After a Vacation Rental Injury
If you are injured at a vacation rental, it is crucial to take immediate steps to protect your health and your legal rights:
- Seek Medical Attention: Your health is the top priority. Call for emergency medical help if needed and be sure to get a complete medical evaluation.
- Document Everything: Take clear photos and videos of the exact location where the injury occurred, the specific hazard that caused it, and your injuries.
- Report the Incident: Inform the property owner/host about what happened as soon as possible. It is also wise to report the injury through the official rental platform’s communication channels to create a digital record.
- Gather Information: If there were any witnesses, get their names and contact information.
- Do Not Accept a Quick Payout: The host or their insurance company may offer you a quick, low settlement.
- Do not accept any offers or sign any documents without first speaking to an attorney.
Navigating the complexities of a personal injury claim can be difficult, especially when you are dealing with the stress of an injury away from home. Understanding your rights and identifying the at-fault parties requires knowledge and experience.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. You should consult with an attorney for advice regarding your individual situation and to ensure you are fully protected.
If you or a loved one has been injured in a vacation rental accident, don’t hesitate to seek professional legal guidance. Contact the experienced personal injury team at Westbrooks Law to discuss your case.
Call us today at (602) 262-4357 or visit us at wesbrookslaw.com/contact-us.
