During all seasons of the year, local residents and tourists alike turn to short-term rentals such as Airbnb and VRBO to enjoy all the sights, music, food, and culture Tennessee has to offer. Short-term lessees can stay in homes, cabins, condos, cottages, apartments, and other properties. Some Tennessee properties for short-term rent even come with swimming pools.

One of the reasons many residents visit the Sevierville region is the beauty of the Smoky Mountains. According to WanderingMountains.com, “Sevierville Tennessee is known as the ‘Gateway to the Smokies.’ While often overshadowed by nearby Pigeon Forge and Gatlinburg, the city makes a worthy stance as a destination in the Great Smoky Mountains.”

The joy of staying in these properties can turn to anxiety and pain in an instant when an accident occurs. Unlike hotels, most owners don’t have a maintenance staff or a ready list of repairmen. Yet, any property owner who rents their property to families, couples, or individuals has a duty to keep their property safe so the visitors/tenants don’t suffer any harm. At Delius & McKenzie, PLLC, our Sevierville premises liability lawyers understand the unique challenges involved if you’re hurt while staying at an Airbnb, VRBO, or another type of short-term rental property.

What types of accidents can occur at short-term rental properties?

Some of the many types of accidents at Airbnb, VRBO, or similar short-term rental properties include:

Slip and fall accidents and trip and fall accidents

These accidents may be due to broken tiles, torn carpets, loose railings, uneven surfaces, poor drainage, loose cables, and other causes.

Swimming pool accidents

These may include a lack of warning about the depth or lack of depth of the pool, unsafe diving equipment, dangerous chemicals, and other causes.

Electrical accidents

These accidents may be due to faulty wiring and outlets, improper grounding, and other causes.

Structural collapses or defects

Parts of the property such as the roof or a deck may collapse.

Other accident types

These may include:

• Unsafe furniture
• Plumbing that doesn’t work properly
• Fires and explosions
• Drinking water that is unsafe
• Dangerous toxins
• Negligent security such as missing or unworkable locks
• The failure to warn of known dangers

What types of injuries can occur at short-term rental properties?

Our Sevierville premises liability lawyers have the experience and medical relationships to handle every type of serious injury that can occur at an Airbnb or VRBO. We represent personal injury victims with the following types of injuries, among others:

• A traumatic brain injury including a concussion
• Spinal cord damage including paralysis and a herniated disc
• Traumatic amputation/loss of limb
• Simple, compound, complex, and multiple fractures/broken bones
• Muscle, issue, nerve, ligament, and tendon damage
• Back, shoulder, and neck pain
• Electrical and thermal burns
• Permanent scarring and disfigurement
• Vision or hearing loss
• Skin and respiratory exposure to many different types of toxins
• Burn injuries

Who is responsible for injuries and fatalities that occur at short-term properties?

The liability and insurance coverage issues for short-term rental owners have similarities and differences with the premises liability issues of hotels and more traditional types of rental owners.

• Generally, short-term property owners only rent one home, cabin, or place to live while hotels rent to many different tenants/customers.
• Hotels usually have on-staff employees who inspect the rooms at their facilities on a daily basis. Hotels should also work with local and county inspectors and have working relationships with many different types of contractors such as electricians, plumbers, and various repair companies – along with building and fire inspectors.
• Both property owners who rent their own residences and hotels and motels have a duty to ensure that their property is safe for anyone who uses the property. If repairs cannot be made in a timely manner, short and long-term property owners must notify the lessees/tenants of any known dangers.
• The entities who are liable for accidents that happen to the people they rent their property to differ between short and long-term rentals. For short-term rentals, the homeowner and the rental management company (Airbnb and VRBO) may be liable. In the case of long-term rentals, the hotel/motel, any hotel franchisees, and parent companies of the hotel/motel may be liable.

Short-term rental properties are usually classified as owner-occupied (up to four sleeping rooms) and non-owner-occupied (more than four sleeping rooms). Both types of rentals need to comply with local permit and zoning regulations.

Insurance coverage for accidents on short-term rentals

Airbnb and VRBO provide insurance coverage of up to $1,000,000 (one million dollars) in coverage if an accident is due to the liability of any of the property owners who book rentals through Airbnb or VRBO. Personal injury victims (and the families of anyone who dies while using a short-term rental) should be able to claim compensation up to $1,000,000, provided the property owner is liable for your injuries or the death of your loved one.

The amount of damages in a personal injury claim includes all your current and future:

• Medical expenses
• Pain and suffering
• Lost income and benefits
• Scarring and disfigurement
• Loss of bodily function
• Loss of consortium (ability to enjoy marital relations
• Inability to enjoy life’s pleasures

Wrongful death damages include:

• The funeral and burial costs
• The loss of financial support from your loved one
• The value of the support, guidance, and comfort your loved one would have provided
• The value of the household services your loved one would have provided

If you or a loved one is injured, or a loved one dies while using a short-term rental, you have the right to file a claim against the property owner. Airbnb and VRBO may pay your damage claims if the host doesn’t have enough insurance. You should keep your rental agreement and meet with an experienced short-term rental injury attorney as soon as possible.

The premises liability lawyers of Delius & McKenzie, PLLC have helped countless personal injury victims like you obtain comprehensive recoveries. We’ve been passionate advocates for injury victims and their families for more than 25 years. To schedule a free consultation with our Sevierville lawyers, please call us or contact our office today.  We represent accident victims in the Sevierville, Seymour, Gatlinburg, and Pigeon Forge regions.