Welcome to the Millennial Lawyer Podcast with New York litigation attorney Mark

Shirian. Mark is the founder of Mark David Shiran PC where he represents clients in personal injury and employment law. I’m Sophia Morales and today’s episode tackles the growing legal risks associated with short-term rentals like Airbnb and Verbbo. This is Hidden Hazards: Suing for Injuries and Short-Term Rentals. Welcome to the show, Mark.

Happy to be here. Thank you so much.

What makes injuries and short-term rentals legally different from other premises liability cases?

So, short-term rentals occupy a unique legal space between residential and commercial properties. So, unlike hotels, which have clear commercial liability standards, short-term rentals often fall into a gray area. The property owner has a duty to maintain safety in the premises but the transient nature of guests  and the platform-based booking system create additional layers of complexity. New York law still requires property owners to maintain reasonably safe conditions. Proving knowledge of hazards can be more challenging when owners are not necessarily on site, which is usually the case with uh short-term rentals.

How do you really determine who’s legally responsible, whether it’s the property owner, the leasing platform like Airbnb, or a third-party uh person like a cleaning crew, for example?

Well, we look at the chain of responsibility. The property owner typically bears primary liability for dangerous conditions. Platforms like Airbnb usually shield themselves through their terms of service, claiming they’re just the marketplace. However, if they made specific representations about safety standards or inspections, there might be an angle. Third parties like property management companies or cleaning crews can be liable if their negligence directly caused the hazard. For example, if a cleaning crew left a wet floor without warning signs. 

So, when you say Airbnb kind of shields themselves, are platforms like Airbnb truly legally shielded by their user agreements?

Well, it depends. Well, generally, yes. Generally, yes. Uh so there’s something called the Communications Decency Act section 230 which provides broad immunity to online platforms for third party content. Their user agreements typically include extensive liability waivers and arbitration clauses. However, these aren’t absolute shields. If Airbnb makes specific safety promises or actively participates in the rental process beyond just hosting listings, there might be exceptions.

So, what role does the property listing or the guest reviews actually play in a legal claim like this?

Well, like any sort of public reviews, these could very well be gold mines for evidence. Previous guests complained about the same hazard in the reviews. So, let’s say a broken stair railing. It proves the owner had notice. Listing photos can also be crucial. If they show a pristine property, but you encounter dangerous conditions, it could demonstrate misrepresentation or that the owner knew about but concealed these hazards.

And can a renter sue if there aren’t any visible warnings about hazards like slippery stairs or broken furniture?

Absolutely. Property owners have a duty to warn about known hazards and to regularly inspect for dangerous conditions. So the lack of warnings actually could strengthen your case. You under New York premises liability law, owners must either fix dangerous conditions or adequately warn guests. So failing to do so is definitely negligence.

Interesting. I rented from a place recently that I believed was like a ground floor unit and discovered it was a second floor unit when we got there. Is that something that would open up liability as well?

Depending on what the photos look like and your experience absolutely.

How important is it to document the scene with photos or videos after an injury? 

It’s critical and quite frankly, I would say it’s the most important thing you can do after ensuring that you receive medical attention. So take photos from multiple angles, capture the hazard, the surrounding area, lighting conditions, and any lack of warning signs. Video is even better obviously because it shows movement and perspective. This evidence is irreplaceable because conditions might be fixed before anyone else sees them.

Have you handled or seen any notable short-term rental injury cases?

We had a case where the owner knew about damage to a staircase, chose to quick fix the repairs over proper repairs and our client sustained injuries as a result of the defect to the stairs. And during the litigation, we found emails between the owner and a contractor discussing the issue months before our client’s injury. So, we were able to show that the owner knew about it and didn’t do enough to rectify the issue with respect to these things.

Yeah, that sounds serious. What challenges do plaintiffs face in these cases that might surprise them?

The biggest surprise is often insurance coverage gaps. So, many homeowners insurance policies exclude short-term rental activities, leaving owners underinsured or uninsured. Also proving the extent of owner control can be tricky when they use property managers. So yeah, you know, for example, unlike hotels, there’s no industry standard inspection or safety protocols, making it harder to establish what reasonable care looks like.

Yeah, I guess I could see that. And I, having seen it from both sides, considered doing short-term rental and actually using short-term rentals. It’s not spelled out very clearly when you would go to create a listing that you might need special insurance as an owner. It’s not necessarily spelled out and that could create an issue going forward. So, if something happens while you’re at one of these short-term rental places, what’s your advice to someone who’s gotten hurt while staying there? Because I don’t even know where to begin.  Do I go to the emergency room? Do I call my insurance agent? What should I do? 

Well, first you want to seek medical attention immediately. Your health comes first. And, you know, you create a medical record. Document everything. Take photos. Save all communications with the host. Screenshot the listing. Get the contact info from any sort of witnesses. Report the incident through the platform which creates a paper trail immediately. Don’t accept any quick settlement offers without speaking to an attorney. And keep all receipts for any medical expenses and other costs related to the injury.

So, thank you for sharing your wisdom today, Mark. I appreciate it.

My pleasure.

And thanks for listening to the Millennial Lawyer Podcast. To learn more about your legal rights in injury cases, visit shirianpc.com. And be sure to like, subscribe, and share this episode with someone that you love. Thanks for watching. Be sure to hit that like and subscribe button and leave us a review in the comments.