Hurt at a Vacation Rental? Who Can Be Held Responsible for Injuries

KEY TAKEAWAYS

When a guest is injured at a short-term rental in South Carolina, the host, the underlying property owner, and in some cases the booking platform may each share liability depending on who controlled the conditions that caused the harm.

Under South Carolina premises liability law, property owners are required to maintain reasonably safe conditions for guests, and that duty does not disappear simply because a property is listed on a third-party platform.

 

Short-term vacation rentals have become a fixture of travel along the South Carolina coast, from beachfront cottages in the Grand Strand to historic row houses in Charleston. But when a guest is hurt — by a broken deck railing, a slippery tile floor, a faulty appliance, or a structural hazard the host never disclosed — the question of legal responsibility becomes complicated. Unlike a traditional hotel, a vacation rental can involve a host, a property management company, an underlying owner, and a booking platform, all with different roles and different insurance arrangements.

Below are answers to common questions about injuries occurring at short-term rentals.

Does South Carolina Premises Liability Law Apply to Airbnb and VRBO Properties?

Yes. South Carolina's premises liability law holds property owners and occupiers responsible for maintaining reasonably safe conditions for visitors. A paying guest is generally treated as an invitee — the category owed the highest duty of care — meaning owners must exercise reasonable care to inspect for, repair, or warn of hazards. That duty applies regardless of whether the property is listed on a national booking platform. What matters is whether a dangerous condition existed, whether the responsible party knew or should have known about it, and whether that condition caused the guest's injuries.

Who Can Be Held Liable When a Guest Is Injured at a Vacation Rental?

To understand what type of claim you may have if you are injured in a vacation rental, it’s important to recognize who might be held liable.

The Host

The person who lists the property and accepts the booking controls what is disclosed to guests and what maintenance is performed before their arrival. If a host knew about a cracked step, a leaking roof, or a malfunctioning lock and failed to fix or disclose it, that host may be liable for resulting injuries.

The Underlying Property Owner

When a third-party manager handles the listing, the underlying property owner may still be liable if a structural defect, code violation, or long-standing hazard caused the injury. Identifying the correct ownership structure early is part of building a complete claim.

The Booking Platform

Platforms like Airbnb and VRBO generally classify themselves as marketplace intermediaries and have historically argued they are not liable for conditions at individual listings. That said, Airbnb provides host liability coverage that may respond to claims brought by injured guests. Platform liability under state law is a rapidly evolving area. Whether a booking platform itself may bear legal responsibility depends on the specific facts and applicable law. 

Property Management Companies

If a third-party management company was responsible for inspecting the property or making repairs, that company could share liability if its negligence contributed to the accident.

What Types of Injuries and Hazards Are Common at Vacation Rentals?

Vacation rental injuries take many forms. Common hazards seen along the South Carolina coast include:

• Slip and fall accidents on wet tile, slick deck surfaces, or uneven walkways
• Falls from balconies, decks, or staircases due to broken or absent railings
• Pool and hot tub injuries from inadequate fencing, missing drain covers, or absent safety equipment
• Injuries from defective or improperly maintained furniture, appliances, or fixtures
• Carbon monoxide or gas leaks from improperly maintained heating equipment
• Dog bite injuries if the host's pet is present at the property

What Insurance Typically Applies to a Vacation Rental Injury Claim?

Insurance coverage for vacation rental injuries is frequently layered and can be contested. Standard homeowners' insurance policies may exclude short-term commercial rental claims, so some hosts carry vacation rental endorsements or standalone policies. Airbnb's AirCover program and VRBO's liability protections may provide liability coverage that can respond to guest injury claims against hosts, though the terms and limits vary. If the property is owned by an LLC or investment entity, commercial general liability coverage may exist as well. Identifying all applicable policies is one of the first investigative steps in any vacation rental injury claim.

How Does South Carolina's Comparative Fault Rule Affect a Vacation Rental Claim?

South Carolina follows a modified comparative negligence rule. An injured guest can recover compensation for their damages as long as they are found less than 51 percent at fault for the accident. Hosts and their insurers often argue that an injured guest was acting recklessly or ignoring visible warnings — the same tactic used in commercial premises liability cases. Documenting the hazard, seeking prompt medical attention, and reporting the incident to the host in writing all strengthen the eventual claim.

What Damages Can an Injured Guest Recover?

An injured guest who establishes that a host, property owner, or management company was negligent may be entitled to recover economic and non-economic damages, including medical expenses, lost wages, pain and suffering, and the costs of long-term rehabilitation. Serious accidents — balcony collapses, pool drowning incidents, or falls causing spinal cord injuries — can involve substantial future costs. In those cases, an accurate accounting of long-term damages can be as important as documenting immediate losses.

How Long Does an Injured Guest Have to File a Claim in South Carolina?

South Carolina's personal injury statute of limitations generally gives an injured party three years from the date of the accident to file a lawsuit, but there are exceptions. In practice, earlier action is always better: evidence fades, important electronic records may become more difficult to obtain over time, and hosts repair or relist the property without documenting the hazard. If a vacation rental injury involves a wrongful death, the same three-year period generally applies from the date of death.

What Steps Should an Injured Guest Take After a Vacation Rental Accident?

The actions taken in the hours after a vacation rental injury can significantly affect the strength of a future claim:

• Seek medical attention immediately. Prompt medical documentation connects the injury to the accident and ensures serious conditions are identified early.
• Photograph the hazard before leaving the property and preserve all platform communications with the host.
• Report the incident to the host in writing through the platform's messaging system to create a timestamped record.
• Notify the booking platform of the incident to request any applicable insurance review process.
• Use caution before giving recorded statements to any insurer. Early statements can be used to limit recovery later. Consider consulting an attorney before speaking to a representative of the insurer. 

Where Can Guests Find More Information?

South Carolina does not have a single statewide licensing law for short-term rentals. However, some municipalities, including Myrtle Beach, have adopted local regulations that may affect the operation of short-term rentals. Injured guests should consult the requirements applicable in the jurisdiction in which the property is located. The South Carolina Department of Consumer Affairs provides guidance on consumer rights and complaint options. Booking platforms also publish their current guest safety standards, which can be relevant to understanding what coverage may exist after an injury.