Have you heard the expression, “Mi casa es su casa?”
It’s Spanish for “My house is your house.” It is a sentiment that many people share with friends whom they invite over for social occasions. That might also extend to rental properties that you might lease on sites such as Airbnb or VRBO. If you’re going to be spending money on a vacation rental, you definitely want to feel like you’re “at home.”
What happens if you’re injured at a private home or rental property? Yes, accidents do happen, and sometimes they are nobody’s fault but your own. However, there might also be incidents where you’ve been caused harm because of things like a broken porch step or a wobbly railing.
In those situations, the property owner could be found liable for failing to warn you about an unsafe hazard. That is when you’ll want to discuss your options with a Huntington slip and fall accident attorney.
At your initial consultation, you’ll be able to share what happened and discuss the options for pursuing a personal injury claim. That begins with clearly establishing who is at fault for the accident that caused your injuries.
Premises Liability Risks in Short-term Rental Properties
When filing a premises liability claim, the first thing that will be considered is what you were doing on the property to begin with. If you rent a short-term rental (STR), you would be considered an invitee in the eyes of the law. That is a person who comes onto a property for the express purpose of engaging in a business transaction.
Simply put, you’re paying to stay there, so the property owner stands to benefit.
It also means the property owner owes you the highest duty of care to regularly inspect the property, immediately fix repairs, or warn renters of any known dangers.
These are the common types of liability issues that might occur at a short-term rental:
Pools and Hot Tubs: Swimming pools and hot tubs are popular features for short-term rentals, but they also represent the highest-severity exposure. Property owners need to treat these as “public.” That means there should be safety signage. The pool should also be enclosed in a gate.
Additionally, there needs to be proper drain maintenance. Failure to do so could lead to drowning or severe injury claims.
Decks, Balconies, and Railings: Unmaintained exterior wood, loose handrails, or rusted balcony supports are a leading cause of severe falls. A property owner should be aware of those conditions because they don’t just show up between renters.
Listing Misrepresentation: If an online listing for a rental property advertises amenities that are broken or fails to disclose potentially dangerous conditions, such as steep staircases, the listing itself can serve as evidence of negligence.
Safety & Security Lapses: A short-term rental should have functional locks, adequate exterior lighting, and working smoke/carbon monoxide detectors. Without those elements, it can create a major liability for physical harm or break-ins.
Unapproved Amenities: It is nice when a property owner provides bikes, golf carts, or kayaks to take out on the Ohio River. However, if the owner does not also provide safety briefings, it could put the invitees at significant risk.
It is not merely enough for a property owner to say, “You should have known better.” The owner is the one who owes the duty of care.
Landlord Vs. Tenant Responsibility in Rental Agreements
When you become a tenant in a longer-term rental, the landlord’s responsibilities shift a bit; you become a lessee, a relationship that goes beyond a licensee or invitee.
However, anyone you invite onto your property would fall into those categories. If you rent a commercial space, you’ll be dealing with invitees. If you rent a home or apartment, you’ll be dealing with licensees or social guests. Still, the landlord isn’t completely off the hook if an injury occurs on the property.
Consider these two sets of responsibilities:
Landlord Responsibilities
Under the implied warranty of habitability, a landlord must deliver and maintain a rental unit that is fit for human occupation. This means they are responsible for the structural integrity of the roof, walls, floors, stairwells, and foundations. They also have to maintain safe plumbing, electrical, heating, ventilation, and structural weatherproofing.
A landlord is also obligated to provide hot and cold running water, functioning locks, and compliant smoke and carbon monoxide detectors.
Tenant Responsibilities
Tenants are expected to take reasonable care of the property. That means you have to return it in the same condition you received it, except for normal wear and tear. Tenants are responsible for routine cleaning, disposing of trash properly, and preventing the buildup of mold or moisture.
They also have to replace standard light bulbs, smoke detector batteries, and air filters.
A tenant can’t deliberately damage something. If damage is caused by pets, guests, or neglect, the tenant will be responsible for the repairs. A tenant must also notify the landlord in writing immediately upon discovering maintenance issues to prevent further escalation.
How does this apply to a premises liability claim?
Suppose you rent a home and invite a friend over. That person is a licensee. They come into your house and slip and fall on water in the kitchen. If that water is there because you spilled something, they could sue you. If the water came from a leaky pipe that you told the landlord about, the landlord could be held liable.
Determining who is responsible for an injury on a property requires a thorough investigation into the cause and a deep understanding of applicable premises liability laws.
Your attorney can help with that from start to finish.
How West Virginia Comparative Negligence Laws Affect Your Case
Determining who is at fault in a personal injury will determine just how much compensation you can receive.
West Virginia law, like that of many other states, applies modified comparative negligence to personal injury claims. This allows you to accept partial blame for an accident and still recover damages. It is also why you need to speak with an attorney at DiPiero Simmons McGinley & Bastress, PLLC to understand what this could mean for your claim.
The West Virginia Supreme Court overturned the strict “open and obvious” rule.
Property owners still have a duty to fix or warn about foreseeable hazards, but if your claim makes its way in front of a jury, they can weigh whether your failure to notice the obvious hazard makes you partially at fault.
An insurance company will always try to shift blame to minimize what they have to pay out.
Even if they can shift blame by 20%, it will be considered a win. Our attorneys don’t like to see that happen when there is a clear at-fault party. We bring decades of combined investigative experience into every case. We won’t take on a new client unless we’re confident that they are in the right.
If you’ve been injured at a private home or rental property, you don’t have to accept that it was your fault. Schedule a free case review to discuss the merits of your claim.
We can help you decide what should happen next.
