If you or a loved one was injured at an Airbnb, VRBO, or other short-term rental property in Texas, you may be wondering whether someone can be held legally responsible and whether you have grounds for a personal injury claim.
At Hilliard Law, we’ve helped countless clients navigate complex premises liability claims after accidents on dangerous or poorly maintained properties. We understand how difficult these cases can be, especially when injuries happen at private vacation rentals.
Here’s what you need to know about how Texas premises liability law applies to vacation rentals, and what legal options may exist if you’ve been injured in a pool accident, slip-and-fall, or another preventable hazard.
What Is Premises Liability and How Does It Apply to Summer Rentals?
Premises liability is the legal concept that property owners (and in some cases, occupiers or managers) can be held liable for injuries caused by unsafe conditions on their property. These claims often hinge on a few key issues:
- Who had control over the property at the time of the incident (e.g., the owner, a property manager, or a tenant)?
- What duty of care was owed to the injured person?
- Was the hazard foreseeable, and could it have been prevented through reasonable care?
In Texas, premises liability law generally requires that the property owner or controller:
- Knew or should have known about a dangerous condition,
- Had a reasonable opportunity to fix or warn about it, and
- Failed to do so, resulting in injury.
When these standards are applied to vacation rentals, things can get complicated. Ownership and control may be shared among several parties, such as the host, a property manager, or even the booking platform (Airbnb, VRBO) in limited circumstances. That’s why it’s important to understand the specific facts of each case to determine who may be responsible.
Pool Accidents, Slip & Falls, and Common Hazards in Summer Rentals
Swimming pools and hard outdoor surfaces are two of the most common causes of serious injuries at vacation rentals. Whether it’s a backyard pool at a suburban Airbnb or a beachside deck at a VRBO property, these features can become dangerous when owners fail to prioritize safety. Some examples include:
Pool-Related Injuries
- Slippery surfaces around pool decks or patios can be created by algae, mold, or worn sealants, leading to slick conditions.
- Lack of required safety features, such as fencing, self-latching gates, or depth markings.
- No-slip mats or handrails missing from pool stairs or ladders.
- Broken or missing pool tiles, can cause cuts or trip hazards.
- Malfunctioning or uncovered drains, may pose entrapment risks.
- Lack of supervision or warning signage, especially in properties marketed to families.
Drownings and near-drownings are tragically common during Texas summers, particularly among children. Property owners who rent out homes with pools must take steps to minimize foreseeable dangers and comply with local ordinances regarding fencing, barriers, and signage.
Slip and Fall Injuries
- Wet entryways, patios, or tile floors, especially when water is tracked indoors from pools or outdoor showers.
- Poor lighting in stairwells or along outdoor walkways.
- Loose or uneven surfaces, such as broken concrete, raised pavers, or unanchored rugs.
- Lack of handrails or guardrails on stairs, decks, or balconies.
- Improper drainage, leading to pooling water or mud accumulation in high-traffic areas.
Slip and falls at vacation rentals can cause sprains, broken bones, spinal injuries, or even traumatic brain injuries, particularly among older guests or those unfamiliar with the property layout.
Who Can Be Held Liable for Pool and Slip & Fall Injuries at Vacation Rentals?
When a serious injury occurs at a short-term rental, determining who can be held legally responsible often comes down to whether someone failed to take reasonable steps to keep the property safe. Under Texas premises liability law, property owners and other responsible parties can be held liable when negligence creates or allows a dangerous condition to exist, especially if that danger was foreseeable and preventable.
Here are some parties who may be liable in a pool accident or slip and fall injury at a rental:
1. The Property Owner or Host
Whether the home is rented through Airbnb, VRBO, or another booking platform, the property owner has a duty to maintain reasonably safe premises for guests. Negligence may include:
- Failing to repair or warn about slippery pool decks, loose steps, or uneven walkways
- Not installing required safety features, such as pool fences or handrails
- Ignoring local safety codes or ordinances, particularly around pool enclosures and signage
- Allowing hazardous conditions (such as algae buildup, broken tiles, or missing lights) to persist despite knowledge or complaints
- Advertising the property as family-friendly without taking proper precautions to protect children
Even if the owner does not live on-site, they are typically still responsible for ensuring the property is safe for paying guests.
2. A Property Management Company
Some owners hire third-party companies to handle cleaning, repairs, and guest turnover. These companies can share liability if they:
- Failed to inspect the property before guest arrival
- Neglected to fix known hazards such as broken patio furniture, damaged stairs, or slick walkways
- Used improper cleaning techniques that left floors or surfaces dangerously slippery
- Didn’t properly maintain or service the pool, resulting in unsafe conditions
Liability can also arise if management staff had a duty to monitor safety but failed to act on clear risks or guest reports.
3. The Rental Platform (In Rare Cases)
While rental platforms like Airbnb and VRBO are generally not liable for conditions at individual properties, there may be limited scenarios where their involvement increases risk. For example:
- Failing to remove listings known to be dangerous
- Misrepresenting the safety or suitability of a property on the platform
These claims are uncommon and legally complex but may be worth exploring in serious injury or wrongful death cases.
4. Contractors, Maintenance Providers, or Pool Service Companies
If a third-party contractor was hired to install, repair, or maintain aspects of the property, such as the pool, deck, lighting, stairs, or flooring, and performed their work negligently, they may be liable for resulting injuries. Examples include:
- Improper pool installation or failure to meet code (e.g., missing drains, ungrounded electrical components)
- Inadequate drainage or grading, causing standing water and slip risks
- Use of improper materials on walkways or decks that become slick when wet
- Failure to secure equipment or tools left behind in guest-access areas
A defectively performed repair or installation may support both a negligence and product liability claim if it contributed directly to the injury.
5. Product Manufacturers or Sellers
In some cases, a defective product, such as a faulty pool light that causes electrocution or a ladder that collapses, may be to blame. These cases can trigger product liability claims against:
- The product’s manufacturer
- The distributor or retailer
- The installer (if improper installation contributed to the hazard)
Product claims often require forensic inspection and expert analysis but may be appropriate in more severe injury cases.
6. Cleaning or Housekeeping Services
If a separate cleaning crew was brought in and created a hazard (e.g., mopping floors without warning signs, failing to dry walkways, leaving wet towels or objects near the pool area), they could be liable. This often overlaps with management company liability but may involve independent contractors.
What Must Be Proven in a Texas Premises Liability Case?
To bring a successful premises liability claim under Texas law, an injured person (or their attorney) must generally prove the following:
- A dangerous condition existed on the property.
- The property owner or controller knew (or should have known) about the hazard.
- They failed to address or warn about the danger in a reasonable timeframe.
- That failure caused your injury, and you suffered damages as a result.
This is often more complex than it sounds, especially in vacation rental cases where evidence can quickly disappear, and property conditions may change between guests.
Can You Sue Airbnb or VRBO?
Rental platforms like Airbnb and VRBO generally attempt to limit their liability through terms of service and by classifying themselves as “marketplaces.” However, in certain cases, they may still face legal exposure, especially if:
- They failed to remove listings after prior safety complaints,
- They advertised safety features that didn’t exist, or
- Their actions (or inaction) directly contributed to the injury.
Still, most premises liability claims will focus on the host, owner, or management party, not the platform itself.
Injured at a Rental Property? We’re Here to Help.
Premises liability claims involving summer rentals are fact-intensive, and the legal landscape can be difficult to navigate without the right support. If you or a loved one was injured in a pool accident, slip and fall, or other preventable hazard at an Airbnb, VRBO, or other rental property, Hilliard Law can help.
We’ve spent decades fighting for people harmed by unsafe property conditions, and we’re ready to evaluate your situation and explain your options.
Call (866) 927-3420 or contact us online for a FREE consultation.