Choosing a short-term vacation rental offers more space, savings, and a unique experience. However, vacation rentals often lack the regulation that governs hotels, potentially leading to accidents. If you’re injured at a vacation rental due to someone else’s negligence, you may be entitled to compensation. Property owners have a responsibility to ensure their premises are safe. If they fail to meet this standard, they could face civil damages for injuries, losses, or damages caused by unsafe conditions.
A Landlord’s Duty of Care
In premises liability cases, property owners are held accountable when visitors are injured by hazards the owner knew about or should have known. Under the foreseeability principle, owners can’t be held liable for accidents they couldn’t reasonably predict. For instance, if you trip over a loose floorboard and get injured, you have grounds for a premises liability lawsuit. But if the accident was unpredictable or unavoidable, your case may not succeed.
Landlords can reduce the risk of liability by taking reasonable steps to prevent accidents, such as:
- Ensuring their property meets building codes.
- Promptly fixing unsafe conditions.
- Regularly inspecting the property.
- Posting warning signs for potential hazards.
- Keeping the property well-lit.
- Installing and maintaining smoke and carbon monoxide detectors.
A Guest’s Duty of Care
While property owners must maintain a safe environment, guests also have a duty to act responsibly. If you’re injured due to reckless behavior, the property owner may argue you share some blame. In cases where both the guest and owner were negligent, any compensation awarded could be reduced based on your level of fault.
Proximate Cause
To win a premises liability lawsuit, you must prove the owner’s negligence directly caused your injury. Your attorney will need to show that you wouldn’t have been hurt if the property owner had taken reasonable steps to prevent the accident.
Damages in Premises Liability Lawsuits
If you can prove the property owner’s negligence led to your injury, you may be entitled to compensation for both economic and noneconomic damages.
- Economic damages cover out-of-pocket expenses like medical bills and lost wages. Keep all receipts and track any missed workdays to support your claim.
- Noneconomic damages compensate for pain, suffering, and emotional distress. These damages are calculated using a per diem or multiplier method. For example, if your economic damages total $5,000 and the multiplier is 1.5, your noneconomic damages would be $7,500.
Getting the Compensation You Deserve
If you’re injured at a vacation rental and the accident was foreseeable, you may be entitled to compensation. An experienced attorney can review your case and advocate on your behalf to ensure you receive what you’re owed.
Stay informed and know your rights when staying at a vacation rental. Taking the right steps can help you secure the compensation you deserve.
