A beach house with an ocean view sounds like a dream until you’re halfway down the stairs and the railing gives out. Or maybe it’s a sleek mountain retreat with “rustic charm” and, as it turns out, a rotten deck. Suddenly, your much-needed escape turns into a trip to the ER, followed by a crash course in premises liability law.
Vacations are supposed to be low-stress, but when someone else’s laziness, cheap shortcuts, or disregard for guest safety leads to an injury, things get real, fast.
The Responsibility Doesn’t Stay Home
If someone owns a vacation home and rents it out to guests, they’re not off the hook just because they’re not there. They still owe a legal duty to make the place reasonably safe. That means fixing hazards they know about (or should know about), and warning people if there’s a danger that isn’t obvious.
“Reasonably safe” doesn’t mean wrapping the place in bubble wrap. It means a working railing shouldn’t collapse if someone leans on it. Wet floors shouldn’t be left unmarked. Loose steps shouldn’t exist for months without anyone bothering to fix them. Reasonable steps. That’s the bar.
Out of Sight Is Not Out of Legal Reach
Property owners love plausible deniability. “I didn’t know the step was broken.” Makes sense, but did you look? Ever? That’s the difference between actual notice and constructive notice.
Actual notice means they were aware of the hazard. Maybe a previous guest reported it, or they tripped over it themselves. Constructive notice kicks in when the issue’s been around long enough that someone performing routine inspections should’ve found it. If the deck’s been slowly rotting for a year, and nobody did a thing? That’s on the owner.
Fix It, Block It Off, or Warn Like You Mean It
Vacation rental owners have options, none of which include “ignore it and hope for the best.” They can repair the hazard. If they can’t do that right away, they can restrict access. Or at the very least, they can warn people clearly.
But there’s a catch: putting a tiny sign next to a known danger doesn’t always cut it. A “Caution: Loose Railing” sticker isn’t going to impress a judge when someone ends up with a broken arm because the thing collapsed.
Inspections
Homeowners don’t get a pass because they’re not Marriott. If you’re charging people to stay in your place, you need a system to check for hazards regularly. That includes training cleaning crews to spot and report problems, inspecting stairs, decks, and railings, and paying attention to wear and tear, especially in places where weather can mess things up fast.
If three guests in a row walked over that same moldy patch of carpet before someone slipped and tore a ligament, that’s not bad luck. That’s a pattern someone chose to ignore.
Being Hurt Doesn’t Automatically Mean You Win
Getting injured isn’t enough. You’ve got to show the owner had a duty to keep the property safe, and they didn’t do it. Then, connect the dots between that failure and your injury. The injury needs to be the predictable result of something the owner didn’t fix, didn’t inspect, or didn’t warn about.
Don’t Let Someone Else’s Negligence Ruin Your Break
Personal injury gets the headlines, but property damage matters too. If you’re staying at a rental for business and water damage ruins your equipment or the AC dies and you lose inventory, a claim may be in play. The rule’s the same: if neglect caused the damage, the owner might be responsible.
Vacation injuries are annoying. Filing claims afterward shouldn’t be. If your relaxing getaway turned into a preventable disaster, Feldman Legal Group can help you sort it out. You handle your recovery—we’ll handle the rest.
(877) 946-8293