People who rent from Airbnb or VRBO deserve a safe place to stay. That means rental property owners owe a high duty of care to their guests.
Under Tennessee law, individuals who spend time on a property they rented from someone else are classified as invitees. That is because they are on the property for the benefit of the owner. In Tennessee, invitees are owed the highest duty of care, which requires property owners to take reasonable steps to ensure renters’ safety. Fulfilling the duty may include regular inspections of the premises to find and remedy dangerous conditions. If the owner cannot fix a dangerous condition, the owner must warn renters about the danger so they can avoid it.
Duty of Owners to Renters
The owner of property is under a duty to use ordinary care, which is care that ordinarily careful persons would use to avoid injury to themselves or others under the same or similar circumstances. The owner is not under a duty to guarantee the safety of people entering the property. Courts consider all surrounding circumstances when deciding whether the owner exercised appropriate care when someone is injured on their property.
Any condition that poses an unreasonable risk of harm is an unsafe condition. To recover for an injury caused by an unsafe condition of the property, the plaintiff must show that:
- The owner either created the unsafe condition, knew of it long enough to have corrected it or warned the plaintiff of it; or
- The unsafe condition existed long enough that the owner, using ordinary care, should have discovered and corrected it or warned the plaintiff about it.
The plaintiff, however, also has a duty to use reasonable care for their own safety and make responsible use of their senses. If an unsafe condition is obvious or could be discovered through the use of reasonable care, the plaintiff should avoid such condition to protect themselves.
Creation of an Unsafe Condition by Not Following Building Codes
The Terry Law Firm has experts who regularly evaluate building code and other code violations to establish whether a property owner was negligent or careless. When building or renting a cabin or other residential building, it is imperative to follow applicable building codes to ensure the safety of the building’s occupants, whether the owner or rental tenants.
All Tennessee counties are different, but Sevier County follows the 2024 version of the following codes:
- International Residential Code
- International Building Code
- International Plumbing Code
- International Mechanical Code
- International Fire Code
- International Fuel Gas Code
- International Swimming Pool and Spa Code
- International Existing Building Code
- NFPA 101 Life Safety Code
Sevier County also uses the 2018 version of the International Energy Conservation Code and uses the 2010 version of the ADA Standards for Accessible Design. Each of these building codes includes many regulations to keep people safe inside and around buildings. When a builder does not follow these codes during construction, it can create unsafe conditions that lead to potential injuries for people inside the building.
Sevier County, for instance, has over 13,000 rental properties available through Airbnb and VRBO. Some of the properties have dangerous conditions or do not meet code.
Common Premises Defects at Vacation Rental Properties
Some defects or dangerous conditions on rental properties can be subtle but pose a slip or trip hazard to guests. Some examples of conditions include:
- Unmarked changes in ground levels on concrete or paver-style walkways
- Slippery paint on painted floors
- Unmarked single steps that do not have handrails
- Differing riser heights and tread depths on stairwells
- Non-continuous handrails on stairwells
- Excessively round nosing on the end of stairs
- Mat and runner wrinkles
These conditions may not be obvious to the untrained eye but can cause an unsuspected fall. The International Construction Codes have regulations for each of these dangerous conditions along with regulations pertaining to other safety matters.
Contact The Terry Law Firm About a Vacation Rental Injury
The Terry Law Firm has a long track record of success and decades of experience in cases where a renter was injured in an Airbnb or VRBO rental property. We want to put our experience to work for you now. Contact us today for a free consultation with our East Tennessee premises liability lawyers.