A Trust Betrayed: Hidden Dangers in Short-Term Rentals & Who Is Legally Accountable

You don’t expect to be injured in an Airbnb or VRBO. It’s probably the furthest thing from your mind when you check into a vacation rental. Unfortunately, injuries in short-term rentals occur all too often, and premises liability claims have become a means for victims to seek accountability across the country.

In August 2022, sisters Lindsay and Jillian Wiener were on a vacation with their family at a VRBO in Long Island, New York. What started as a peaceful getaway turned into a nightmare when a fire suddenly broke out.

The home had no working smoke alarms, and the fire tore through the house. Lindsay and Jillian’s parents and brother were injured as they escaped. Sadly, the sisters were trapped and did not survive. Later, authorities discovered 29 safety code violations present in the short-term rental.

Their story is heartbreaking, and it should never have happened.

Millions of travelers trust platforms like Airbnb and VRBO, assuming basic safety features are in place. But when smoke detectors don’t work, carbon monoxide alarms are missing, or safety measures aren’t taken, lives are at risk. And when tragedies occur, questions of legal responsibility quickly follow.

If you or a loved one has been injured in an Airbnb, VRBO, or other vacation rental, the team at Bernheim Kelley Injury Lawyers wants to hear your story. Call our Fort Lauderdale premises liability attorneys at 954-866-1111 or our Nashville premises liability lawyers at 615-813-1111 for a FREE case review.

The Trust Guests Place in Short-Term Rentals

Short-term rental platforms market themselves as more than just lodging; they offer a “home away from home.” But unlike hotels, these properties are often exempt from standard fire inspections, health department oversight, or building code enforcement.

Most guests assume that essentials like smoke alarms, fire extinguishers, and carbon monoxide detectors are installed and functional. However, many short-term vacation rentals fail to meet these basic expectations.

When hosts neglect safety, it’s not simply inconvenient; it has the potential to be deadly. Countless families book vacations each year, never expecting it to end in a tragic loss, as it did for the Wiener Family.

Legal Risks for Hosts

Property owners who offer short-term rentals have a legal duty under premises liability law to provide safe accommodations for their guests. This includes:

• Working smoke & carbon monoxide (CO) detectors
• Properly maintained appliances & electrical systems
• Safe exits & emergency instructions

Failing to meet this duty can lead to serious consequences. In the Wiener family’s case, the property owners pleaded guilty to criminally negligent homicide and reckless endangerment.

These tragedies often lead to wrongful death or personal injury lawsuits. And while platforms advertise host protection insurance (like Airbnb’s $1 million policy), those policies often exclude coverage when the host’s gross negligence is involved, meaning the host could be stuck paying out of pocket for any damages.

Legal Accountability for Airbnb & VRBO

Airbnb and VRBO operate as intermediaries, but their role is far from neutral.

In 2014, Airbnb publicly pledged to provide or require carbon monoxide detectors in every listing. More than a decade later, countless properties still lack them. Though these short-term rental platforms market themselves as trustworthy, they often fail to enforce even the most basic safety standards.

These failures have led to increasing legal and public scrutiny. It raises the question, “Where does liability lie when something goes wrong?”

It’s important to understand that liability can fall on both the host and the platform, especially when a platform fails to enforce its own safety policies or knowingly allows dangerous listings to remain active.

• In Generali-U.S. Branch v. Commerce Insurance Co. (2021), disputes arose over who should cover damages after a fire in a short-term rental. The case highlighted insurance coverage limits and liability confusion between hosts, platforms, and insurers.
• In the Wiener family case, not only did the hosts plead guilty, but a civil lawsuit was filed against VRBO. The family’s legal action has fueled public calls for increased oversight of safety in short-term rentals.

Platforms like Airbnb often claim protection under Section 230 of the Communications Decency Act, shielding them from liability as “publishers.” But moral and legislative pressure is mounting to hold them accountable for safety failures.

Recent Cases of Guests Suffering Injuries in Short-Term Rentals

These tragedies are not isolated. Here are three high-profile cases that illustrate the stakes when there is a failure to provide safety accommodations:

• Wiener Family Case (2022): A deadly fire in a VRBO rental with no working smoke alarms led to two deaths. The hosts pleaded guilty to criminal charges, and the family’s civil suit against the platform is ongoing.
• Estate of Cameron Brown v. Airbnb (2024): A child drowned in a rental property pool that lacked safety fencing and signage. The family pursued legal action to hold Airbnb and the homeowner liable for lax property oversight. Airbnb paid a $1.3 million settlement to the boy’s family.
• Mejia v. Airbnb (2023): A college student died from carbon monoxide poisoning while showering at an Airbnb rental lacking a CO detector. His family’s federal wrongful death lawsuit claims Airbnb ignored its own safety policies. The case highlights growing legal pressure on platforms to enforce basic life-saving protections.

Together, these cases show a pattern of preventable harm and a growing demand for reform.

Protecting Guests Moving Forward

For guests:

• Ask about smoke and CO detectors before booking.
• Test alarms upon arrival.
• Report missing safety features directly to the platform.

For platforms:

• Require proof of working safety equipment.
• Conduct regular safety audits.
• Prioritize guest protection over profit.

For lawmakers:

• Create enforceable safety standards for all short-term rentals.
• Clarify legal responsibility across platforms and hosts.
• Close regulatory gaps that put travelers in harm’s way.

What to Do If Injured in an Airbnb or VRBO

If you’re injured in a vacation rental, you need to know what you can do next to protect your family and your rights:

• Seek medical attention immediately.
• Document the scene, including photos or videos of any safety hazards.
• Report the incident to the platform (Airbnb, VRBO, etc.).
• Gather witness statements and contact information.
• Contact a premises liability lawyer with experience handling vacation rental injury cases.

Were You Injured in a Short-Term Rental? Let Us Help.

At Bernheim Kelley Injury Lawyers, we help victims and families pursue Real Justice after serious injuries and tragic deaths linked to short-term rental negligence. If you or a loved one was injured in an Airbnb or VRBO due to unsafe rental conditions—whether from fire, carbon monoxide, drowning, or another preventable hazard—you may have the right to take legal action.

Let us help you hold the responsible parties accountable for your needless tragedy. Call our Fort Lauderdale office at 954-866-1111 or our Nashville office at 615-813-1111 or contact us online to set up a 100% FREE and confidential case evaluation. Our personal injury and premises liability attorneys handle claims involving short-term rentals throughout Florida and Tennessee.