Injured at a short-term rental? Talk to our team today, free of charge.
You booked a place to stay and trusted it would be safe. Instead, something went wrong, and now you are hurt, or someone you love is. You may be in pain, facing bills, and unsure what to do next or who is even responsible.
This guide is for you. It is written for guests and families who were injured at a short-term rental, an Airbnb, a Vrbo, or any similar property. Whether you fell on a broken staircase, were poisoned by carbon monoxide, found a hidden camera, or lost a loved one, the steps in this guide can help you protect your health, your peace of mind, and your legal rights.
We will keep it plain and honest. No legal jargon, no scare tactics, no false promises. Just clear answers to the questions injured guests ask us most.
A quick word of reassurance before we start. Talking to a lawyer about what happened costs you nothing. At Traction Law Group, the case review is free, and there is no fee unless we win your case. You can read this whole guide first, or you can call us right now. Either way, you do not have to figure this out alone.
Hurt at an Airbnb or Vrbo? You don't pay unless we win.
Call 833-236-8253 for a free case review, available 24/7.
Start Your Free Case Review →
What's Inside This Guide
- The first 24 hours after an injury
- The most common short-term rental injuries
- Who can be held responsible
- How injury claims work and what compensation may cover
- Deadlines, and why acting early matters
- Mistakes that can hurt your claim
- How to choose a lawyer and how the no-fee model works
- Checklists you can use right now
Chapter 1: The First 24 Hours After an Injury
What you do in the first day after a rental injury matters more than almost anything else. Evidence disappears fast. Memories fade, and the choices you make early can protect, or quietly weaken, a future claim. Here is how to handle the first 24 hours.
Take Care of Your Health First
Nothing in this guide matters more than your safety. Get medical care right away, even if you think your injuries are minor.
Some of the most serious injuries do not show their full effect at first. A bump on the head can be a concussion. A near-drowning can cause brain injury hours later. Carbon monoxide can feel like the flu. If you hit your head, swallowed water, breathed smoke or fumes, or feel "off" in any way, see a doctor or go to the emergency room.
Getting care quickly does two things. It protects your health, and it creates a medical record that ties your injury to the rental, which can be important later.
Call 911 When It's Serious
If anyone is badly hurt, unconscious, struggling to breathe, or in danger, call 911. For a fire, a suspected gas leak, a crime, or a drowning, emergency responders also create an official report. That report can become valuable evidence.
If you suspect carbon monoxide, get everyone outside into fresh air first, then call 911, and tell responders you suspect CO. Do not go back inside.
Report the Injury to the Host and the Platform, in Writing
Tell the host what happened, and report it to Airbnb or Vrbo through the app or website, in writing. A written report creates a time-stamped record that the injury happened, when, and where.
Keep it factual. Describe what happened and the hazard involved. Save copies of everything you send and everything they send back. Do not agree to anything, accept blame, or accept a quick offer yet, more on why in Chapter 6.
Document the Scene Before It Changes
This is the step guests most often miss, and it is one of the most important. A rental can be cleaned, repaired, or re-listed within days. Once that happens, the proof of what hurt you may be gone for good.
If you can safely do so, photograph and video everything:
- The exact hazard, the broken stair, loose railing, missing detector, faulty heater, unfenced pool, or hidden camera.
- Wide shots of the room and close-ups of the problem.
- Your injuries.
- The whole property, inside and out.
Then save the digital trail that proves your stay:
- The listing itself (screenshot it, since listings get edited or taken down).
- Your reservation and receipts.
- Every message with the host and the platform.
- The names and contact information of any witnesses.
You do not need to know yet which detail will matter. Capture all of it. We can sort out what's important later.
Worried evidence is disappearing? Don't wait.
Call 833-236-8253 for a free case review, 24/7.
Start Your Free Case Review →
Chapter 2: The Most Common Short-Term Rental Injuries
Short-term rentals are not hotels. There is usually no front desk, no on-site staff, and no one checking that the smoke alarm works or the pool is fenced. You are trusting a stranger's home with your family's safety. When that trust is broken, the injuries can be severe.
Here are the most common short-term rental injuries we see. Each links to a page with more detail.
Carbon Monoxide Poisoning
Carbon monoxide (CO) is a gas you cannot see, smell, or taste. The CDC describes it as "an odorless, colorless gas that kills without warning." The CDC reports that more than 400 Americans die every year from unintentional CO poisoning not linked to fires, more than 100,000 visit an emergency department, and more than 14,000 are hospitalized.
At a rental, CO often comes from a missing or broken detector, a faulty furnace or water heater, a gas appliance, or a generator. Early symptoms such as headache, dizziness, and nausea are, in the CDC's words, "often described as 'flu-like,'" so people go back to sleep instead of getting out. Learn more on our carbon monoxide poisoning page.
Drowning and Pool or Hot Tub Injuries
A pool or hot tub is often the reason a family books a rental, and where the most serious injuries happen. The CDC reports about 4,000 fatal unintentional drownings in the U.S. each year, an average of 11 a day, plus roughly 8,000 nonfatal drownings. More children ages 1 to 4 die from drowning than from any other cause.
Rental drownings usually trace back to a preventable failure: no fence around the pool, a gate left open, no warnings, or a broken drain that can trap a swimmer. A near-drowning is not "just a scare." It can cause lasting brain injury. See our pool, hot tub, and drowning page.
Hidden Cameras and Invasion of Privacy
Being secretly recorded where you expected privacy is a serious violation. Both major platforms ban hidden indoor cameras. Under Airbnb's policy, hosts "are not allowed to have security cameras and recording devices that monitor any part of a home's interior," even if the device is "turned off or disconnected," a rule that took effect April 30, 2024.
Hidden cameras are often disguised as smoke detectors, alarm clocks, chargers, or décor. If you find one, the violation itself can be the harm. You do not have to prove the footage was shared. Our hidden cameras and invasion of privacy page explains your rights and how to detect a camera.
Fires and Burns
Fires in homes are common and serious. The U.S. Fire Administration estimated 2,890 deaths and 10,400 injuries from residential building fires in 2023. As the USFA puts it, "a smoke alarm with a dead or missing battery is the same as having no smoke alarm at all."
At a rental, fire and burn injuries often come from missing or dead smoke alarms, no extinguisher, blocked exits, faulty wiring, or unsafe space heaters. Smoke inhalation can be deadly even for someone who never touches the flames. See our fires and burns page.
Legionnaires' Disease
Legionnaires' disease is, in the CDC's words, "a type of serious pneumonia caused by a type of bacteria called Legionella." The CDC reports that about 1 in 10 people who get it will die from complications. People catch it by breathing in contaminated mist, often from a hot tub that was not properly cleaned and disinfected.
Symptoms can appear up to two weeks after exposure, so people rarely connect their illness to a trip. If you developed pneumonia-like symptoms after a stay with a hot tub, tell your doctor. Read more on our Legionnaires' disease page.
Slips, Trips, and Falls
A slick floor, a broken stair, a loose railing, or a dark walkway can put anyone on the ground. Falls cause real, lasting harm, broken bones, head injuries, and back and neck damage. When the hazard was something the host could have fixed or warned about, the fall is not bad luck. See our slips, trips, and falls page.
Balcony, Deck, and Stair Collapse
A deck or balcony that gives way can drop people several feet onto hard ground, causing catastrophic harm, spinal injuries, traumatic brain injuries, and worse. These failures usually trace back to rot, bad construction, overloading, or upkeep that never happened. Our balcony, deck, and stair collapse page has more.
Negligent Security, Assault, and Shootings
If you were attacked, robbed, or shot at a rental, you may have a claim, even though a criminal hurt you. When a property is left unsafe (broken locks, no lighting) and that lets a crime happen, the people who controlled the property may share responsibility. "Party house" shootings are a recurring danger. See our negligent security and assault page.
For survivors of sexual assault, we handle these cases with discretion and compassion. Please see our sexual assault page, written with care.
Wrongful Death
When a guest does not come home, from carbon monoxide, a drowning, a fire, a fall, or violence, surviving family members may be able to bring a wrongful death claim. Nothing can replace the person you lost, but a claim can seek accountability and ease the financial weight. Our wrongful death page is written for grieving families.
Not sure which of these fits what happened to you? Just ask.
Call 833-236-8253 for a free case review, 24/7.
Start Your Free Case Review →
Chapter 3: Who Can Be Held Responsible
After "am I going to be okay," the next question most injured guests ask is: who is responsible for this? The honest answer is that it depends on the facts. Often, more than one party shares responsibility. A free review is how we find out who. Here are the parties who may be involved.
The Host or Property Owner
This is usually the central party. Under a body of law called premises liability, the people who control a property have a duty to keep it reasonably safe and to warn guests about known dangers.
In plain terms: a host who rents out a home is supposed to make sure it is reasonably safe to stay in. That generally includes working smoke and carbon monoxide detectors, safe stairs and railings, a properly fenced pool, and maintained equipment. When a host ignores a known hazard, or never bothers to check, and a guest is hurt because of it, the host may be legally responsible.
You do not have to prove the host wanted you hurt. You have to show they failed to keep the property reasonably safe.
The Property Manager or Management Company
Many rentals are not run by the owner directly. A management company, a cleaning crew, or a pool service may be responsible for upkeep. If one of them created the hazard or failed to fix it, they may share responsibility.
Airbnb and Vrbo
This is the question many guests care about most: is the platform responsible?
Whether Airbnb or Vrbo bears responsibility depends on the specific facts. It can turn on things like the platform's safety representations, its host and listing practices, how it responded to a complaint, and its own programs. The platforms also publish their own rules, for example, Airbnb's ban on indoor cameras, and those rules can matter to a case.
These are large companies with teams of lawyers. That is exactly why injured guests need someone who will push back. We look closely at the role the platform played in your situation.
Third Parties
Sometimes the trail leads beyond the property. A contractor who built an unsafe deck, an electrician whose faulty work started a fire, or the maker of a defective product like a space heater or pool drain may also be responsible.
A Note on Negligent Security
When the harm was a crime, an assault, robbery, or shooting, the criminal is responsible for what they did, but criminals are often never caught or have no way to pay. A negligent security claim looks instead at the people who controlled the property and failed to keep it reasonably safe from foreseeable harm. The key question is whether the danger was foreseeable and whether reasonable security would have prevented it.
The bottom line: liability is fact-specific, and you should not try to sort it out alone. Our who is liable page goes deeper, and a free review is the way to find out who may be at fault in your case.
Wondering who's responsible for what happened? Find out for free.
Call 833-236-8253 now, or start your free case review.
Chapter 4: How Injury Claims Work and What Compensation May Cover
If you have never been through a legal claim, the process can feel intimidating. It does not need to be. You do not have to know the legal steps. That is our job. Here is the general path, so you know what to expect.
How a Claim Generally Works
- Free case review. You tell us what happened. We listen and explain, in plain terms, whether you may have a claim. This costs nothing and commits you to nothing.
- Investigation. We gather evidence, photos, the listing, your messages, medical records, incident and police reports. Because evidence at a rental can disappear quickly, acting early helps.
- Identifying who is liable. We figure out which parties, host, owner, platform, manager, or others, may be responsible.
- Pursuing the claim. We deal with the insurance companies and the platform's lawyers. We negotiate, and we litigate when that is what your case needs.
- Resolution. We work to recover compensation for your losses.
For a fuller walkthrough, see how the vacation rental injury claim process works.
What Compensation May Cover
Every case is different, and no honest lawyer can promise a specific result, but if you have a valid claim, you may be able to recover money for losses such as:
- Medical bills, emergency care, hospital stays, surgery, and ongoing treatment.
- Future medical care, rehabilitation, therapy, and long-term care for lasting injuries.
- Lost wages, time you missed at work, and reduced ability to earn going forward.
- Pain and suffering, the physical pain and emotional toll of your injury.
- Emotional distress, including the trauma of an assault or a privacy violation.
- Wrongful death damages, for families who lost a loved one.
What a claim may be worth depends on the facts, the severity of the injury, the impact on your life, and who is responsible. Our compensation page explains the types of damages in more detail.
What we will never do is throw out a dollar figure to win your trust. Anyone who promises you a specific amount before reviewing your case is not being straight with you.
Chapter 5: Deadlines, and Why Acting Early Matters
Here is something many injured guests do not realize until it is too late: you do not have unlimited time to bring a claim.
Statutes of Limitation, in Plain English
A statute of limitations is a legal deadline for filing a claim. If you miss it, you can lose your right to recover anything, no matter how strong your case was. These deadlines are real, and they are set by law.
The catch is that the deadline is not the same everywhere. It varies depending on the state, the type of claim, and the specific facts. A wrongful death claim may have a different deadline than an injury claim. Some situations have shorter windows than you would expect.
Because the rules differ and the stakes are high, we will not print a single number here and risk it being wrong for your situation. The safe move is simple: find out your actual deadline early. A free review can tell you what applies to your case.
Why Acting Early Helps Beyond the Deadline
Even when the legal deadline is far off, acting early protects your case in practical ways:
- Evidence is still there. The broken stair, the missing detector, the maintenance records. These can vanish once a rental is repaired or re-listed. The sooner an investigation starts, the more can be preserved.
- Witnesses still remember. Memories fade. Contact information gets lost.
- You avoid early mistakes. A lawyer can step in before you sign something or say something that hurts your claim (see the next chapter).
This is not about pressure or a fake countdown. It is simply that early action gives you the best chance. Our who is liable page touches on deadlines too, and a free call is the quickest way to learn where you stand.
Not sure how much time you have? A quick call can tell you.
Call 833-236-8253 for a free case review, 24/7.
Start Your Free Case Review →
Chapter 6: Mistakes That Can Hurt Your Claim
Good people make these mistakes every day, usually because no one warned them. Here are the missteps that quietly weaken a claim, and how to avoid them.
Signing a Release or Accepting a Quick Payout
After an injury, a host or platform may offer a fast refund or a small payment to "make it right." It can be tempting, especially when you are stressed and want it over with.
A quick offer, though, often comes with a catch: a release that gives up your right to pursue any further claim. Once you sign, you may be done, even if your injuries turn out to be far more serious and costly than they seemed at first.
A refund is not the same as accountability. Do not sign anything or accept any offer before talking to a lawyer. A free review costs you nothing, and it can tell you whether an offer is fair or far too low.
Posting About It on Social Media
After an accident, it is natural to post about it, vent, or reassure worried friends and family. Be careful. Anything you post can be taken out of context and used to question your injuries.
A cheerful photo, an offhand comment, or even a check-in can be twisted to suggest you were not really hurt. The safest approach: stay off social media about the incident and your injuries while a claim is open. If you must post, assume the other side will see it.
Delaying Medical Care
We said it in Chapter 1, and it is worth repeating because it is the most common and most costly mistake. When you wait to see a doctor, two things happen. Your health can get worse, and the other side gets to argue that your injury "wasn't that bad" or wasn't caused by the rental at all.
Get care promptly, follow your doctor's instructions, and keep every record. The gap between your injury and your treatment is one of the first things an insurance company looks for.
Throwing Away or "Fixing" Evidence
Do not unplug a hidden camera, repair the broken railing, wash the clothes you were wearing, or let the host fix the hazard before it is documented. Tampering, even with good intentions, can destroy the proof you need. Photograph everything as it is, and preserve it.
Giving a Recorded Statement to the Other Side
An insurance adjuster or the platform may call and ask you to explain what happened "for the file," sometimes recorded. You are not required to give a recorded statement, and doing so early, before you understand your own injuries, can hurt you. It is okay to say you will follow up after speaking with a lawyer.
Waiting Too Long to Ask for Help
You do not have to hire anyone to ask a question. Many injured guests wait months, assuming they cannot afford a lawyer or that their case is too small, and lose evidence or miss a deadline in the meantime. A free review removes the risk of asking.
Chapter 7: How to Choose a Lawyer, and How the No-Fee Model Works
Choosing a lawyer after an injury can feel like one more overwhelming task. It does not have to be. Here is how to think about it, and how the cost actually works.
What to Look For
- A firm that handles these cases. Short-term rental injuries have their own quirks, platform policies, fast-disappearing evidence, and multiple possible defendants. Look for a personal injury firm that handles vacation rental cases and is comfortable taking on large platforms.
- Someone who will take on the platforms. Airbnb and Vrbo have lawyers and resources. You want a firm that is not intimidated by a big company.
- Clear, honest communication. A good lawyer explains things in plain language, answers your questions, and never promises a guaranteed outcome or a specific dollar amount. Be wary of anyone who does.
- Compassion. You are a person, not a file number. The right firm treats you that way.
- Availability. Injuries do not keep business hours. We are available 24/7.
How the No-Fee Model Works
This is the part that surprises people, in a good way. You do not pay anything up front to work with us.
We handle these cases on a contingency fee basis. In plain terms:
- The case review is free. There is never a charge to talk with us.
- You pay no fee unless we win. We only get paid if we recover money for you.
- If we do not recover anything, you owe no attorney's fee.
This means money is not the barrier to getting answers. You can find out whether you have a claim, and what it may be worth, without spending a dollar.
What Happens When You Call
When you contact us, you will talk to a real person about what happened. We will listen, ask a few questions, and explain in plain terms whether you may have a claim and what the next steps could be. It is free, and it does not commit you to anything.
One honest note: contacting us, by itself, does not make us your lawyers. An attorney-client relationship is formed only through a signed written agreement. Reaching out simply starts the conversation.
Ready to talk it through with someone who's on your side?
Call 833-236-8253 for a free case review, available 24/7.
Start Your Free Case Review →
Chapter 8: Checklists You Can Use Right Now
Print these or save them on your phone. They are built to be used in the moment.
Evidence Checklist
Capture as much of this as you safely can, as soon as you can:
- Photos and video of the exact hazard (broken stair, missing detector, faulty heater, unfenced pool, hidden camera, etc.)
- Wide shots and close-ups of the room and the whole property, inside and out
- Photos of your injuries (and again as they heal or change)
- Screenshots of the listing, before it gets edited or removed
- Your reservation, confirmation, and receipts
- Every message with the host and with Airbnb or Vrbo, kept in writing
- Incident, police, or fire department report numbers and copies
- Names and contact info of any witnesses
- Medical records and bills from every provider you see
- The clothing or items involved (do not wash or discard them)
- A written timeline of what happened, while it is fresh
"What to Ask a Lawyer" Checklist
When you call, these questions help you decide if a firm is right for you:
- Do you handle short-term rental injury cases like mine?
- Is the case review really free?
- Do I pay anything unless we win? How does the fee work?
- Who do you think may be responsible in a case like mine?
- What is the deadline to file a claim in my situation?
- What evidence should I preserve right now?
- What are the next steps, and how long might this take?
- How will you keep me updated, and who can I reach?
- Will I work with a real person I can call?
Quick "First 24 Hours" Checklist
- Get medical care (call 911 if it's serious or you suspect carbon monoxide)
- Get everyone to safety and fresh air
- Report the injury to the host and platform in writing
- Photograph and video the hazard and the scene
- Save the listing, reservation, messages, and receipts
- Get witness names and contact info
- Do not sign anything or accept a quick offer
- Do not post about it on social media
- Call a lawyer for a free review
Talk to Us, or Request the Full Guide
You have made it through the guide, which means you are already doing the most important thing: taking your injury seriously and learning your rights.
Here is what you can do next:
- Talk to us now. Call 833-236-8253 any time, day or night, for a free case review. You will speak with a real person, and there is no pressure and no cost.
- Request the full PDF. Want a downloadable copy of this guide to keep or share with family? Request the free PDF and a free case review, and we will send it your way.
- Read the page that fits your situation. Use the links throughout this guide to learn more about your specific injury, who may be liable, and what compensation may cover.
You trusted a place to keep you and your family safe. When that trust is broken, you deserve someone who will stand up for you and take on the platforms on your behalf. We are available 24/7, and there is no fee unless we win.
Hurt at an Airbnb or Vrbo? You don't pay unless we win.
Call 833-236-8253 for a free case review, available 24/7.
Start Your Free Case Review →
