Santa Fe is a popular destination for travelers seeking unique architecture, art, and natural beauty, and short-term vacation rentals, such as Airbnb and VRBO, have become the lodging option of choice for many visitors. But what happens if you’re seriously injured while staying in one of these rentals? Can you hold the host liable? And what if the property was poorly maintained or unsafe?
At Hunt Law Firm, we help injury victims across Santa Fe and throughout New Mexico understand their rights after accidents in short-term rentals. If you’ve been hurt due to a host’s negligence, you may be entitled to compensation, and we can help you pursue it.
Common Accidents at Vacation Rentals
Just like traditional hotels, short-term rentals must be kept safe for guests. Unfortunately, many properties are not subject to regular safety inspections or commercial building standards. This can lead to preventable accidents such as:
- Slip and falls on wet floors, loose rugs, or icy walkways
- Trips and falls on broken stairs, uneven flooring, or exposed cords
- A deck or balcony collapsing due to poor construction or lack of maintenance
- Electrical shocks or fires caused by faulty wiring or appliances
- Carbon monoxide poisoning from improperly vented heaters or gas stoves
- Swimming pool accidents due to inadequate fencing, lighting, or supervision
- Injuries from broken furniture or missing safety equipment (e.g., no smoke detectors)
Hosts and property owners have a legal duty to correct known hazards or warn guests of dangerous conditions. When they fail to do so, they may be liable for resulting injuries.
Proving Negligence in a Short-Term Rental Accident
To hold an Airbnb or VRBO host liable for your injury, you must prove that:
- The host owed you a duty of care: As a paying guest, you are considered an “invitee” under New Mexico premises liability law. This means the host must take reasonable steps to ensure the property is safe.
- They breached that duty: This could include failing to repair known hazards, failing to warn guests of dangerous conditions, or violating local safety codes.
- That breach caused your injury: For example, if you fell down a stairway that lacked a handrail and broke your leg, you must show that the missing handrail directly contributed to the fall.
- You suffered actual damages: This includes physical injury, medical bills, lost income, and pain and suffering.
Evidence plays a key role in these cases. Photos of the hazard, witness statements, rental agreements, and maintenance records can all help establish fault.
Can You Sue Airbnb or VRBO Directly?
In most cases, Airbnb and VRBO act as third-party platforms, not property owners. This means they generally cannot be held liable unless they contributed to the dangerous condition in some way, such as misrepresenting safety features or failing to remove a host with a known history of negligence.
However, both companies provide liability insurance coverage for hosts through their own policies:
- Airbnb’s “Host Protection Insurance” covers up to $1 million in liability per occurrence.
- VRBO offers comparable liability insurance of $1 million.
These policies can potentially cover your injuries, but getting compensation is not automatic. Insurance companies may try to deny or minimize claims, which is why having an experienced injury attorney is critical.
When Should You Contact a Lawyer?
If you were injured in a short-term rental in Santa Fe or the surrounding area, it’s important to consult a lawyer as soon as possible. Here’s why:
- Evidence such as property conditions, security camera footage, and witness contact info can disappear quickly.
- Hosts may deny responsibility or shift blame to other parties.
- The insurance claim process can be slow, complex, and stacked against you.
At Hunt Law Firm, we act fast to preserve evidence, identify liable parties, and build a strong claim. We understand the legal nuances of Airbnb and VRBO injury cases and are prepared to take your case to court if needed.
What Compensation Is Available?
Depending on the severity of your injuries, you may be entitled to recover damages for:
- Medical bills
- Physical therapy and rehabilitation
- Lost income and reduced future earnings
- Pain and suffering
- Scarring or disfigurement
- Emotional distress
- Loss of enjoyment of life
In the case of catastrophic injury or wrongful death, additional compensation may be available to account for long-term care needs or loss of companionship.
Hunt Law Firm Is Here to Help
Whether you’re a Santa Fe resident injured in a local Airbnb or a visitor hurt while on vacation, Hunt Law Firm is ready to stand by your side. Our experienced personal injury team will handle every aspect of your case—from investigating the accident to negotiating with insurance providers—so you can focus on healing.
We offer free consultations and no-fee representation unless we win your case. Let us help you pursue the justice and compensation you deserve. Contact us today to speak with a Santa Fe injury attorney.