Airbnb and Short-Term Rental Premises Liability Accidents in Rhode Island

Rhode Island is a premier vacation destination. From the historic mansions of Newport to the beautiful beaches of Narragansett, thousands of tourists flock to the state every summer, largely staying in short-term rentals like Airbnb and VRBO. While most stays are peaceful, unfamiliar properties can harbor hidden dangers. When a guest is severely injured due to a negligent host, the resulting premises liability claim becomes incredibly complicated. Because insurance companies will immediately try to shift the blame, finding a skilled Rhode Island personal injury attorney in our directory is the most important step you can take to protect your rights.

Understanding Liability in Vacation Rentals

Under Rhode Island premises liability law, property owners owe a duty of reasonable care to individuals legally invited onto their property. In cases like Kurczy v. St. Joseph Veterans Ass'n, Inc., 820 A.2d 929 (RI Supreme Court 2003), the Rhode Island Supreme Court emphasized that liability depends on who has control over the premises and the duty to maintain it. For an Airbnb guest, the host has a strict duty to inspect the property and fix or warn guests of any hazards.

Pool Deck Accidents

Many coastal rentals feature swimming pools. Slip and fall accidents on untreated, slick pool decks are incredibly common. If a host fails to install non-slip surfacing, ignores broken tiles, or fails to properly enclose the pool area leading to a severe injury or drowning, they can be held liable for the resulting damages.

Collapsed Wooden Balconies

Coastal homes in places like Block Island or Middletown are constantly battered by saltwater and harsh ocean winds, leading to rapid wood rot and structural decay. If a host neglects routine structural inspections and a wooden deck or balcony collapses while guests are standing on it, the injuries can be catastrophic. The host's failure to maintain a safe structure is a direct breach of their duty of care.

Unmarked Interior Hazards and Steep Stairs

Many of the most popular short-term rentals in Rhode Island are historic homes built in the 18th or 19th centuries. These charming homes often feature incredibly steep, narrow staircases with inadequate handrails or uneven floorboards. While historic character is a selling point, hosts must provide adequate lighting and warnings. Falling down a poorly lit staircase without a handrail can lead to traumatic brain injuries or spinal fractures.

Airbnb Host Liability Insurance vs. Private Policies

The biggest hurdle in a short-term rental injury case is finding the right insurance policy to pay for your damages. Most standard Rhode Island homeowner's insurance policies contain a 'business use exclusion.' This means that if the homeowner is running a profit-making business (like an Airbnb) out of their house, their private insurance will refuse to cover guest injuries.

To bridge this gap, platforms like Airbnb offer 'AirCover,' which includes up to $1 million in Host Liability Insurance. However, dealing with Airbnb's corporate adjusters is notoriously difficult. They will often argue that your injury was your own fault, or they may try to prove the host violated the platform's terms of service to void the coverage. A local lawyer knows how to force these corporate policies to pay out what you are owed.

Step-by-Step Process in Rhode Island

If your vacation ended in an emergency room, here is the legal process your attorney will guide you through.

Step 1: Medical Treatment and Evidence Preservation

Your health is the priority. Seek immediate care at a local hospital. Before you leave the rental, take extensive photos and videos of the hazard that caused your injury. Keep all your booking receipts, host communications through the app, and medical discharge papers.

Step 2: Filing the Insurance Claims

Your attorney will formally notify the host, the host's private insurance company, and the rental platform (Airbnb/VRBO) that you are seeking damages. They will demand copies of all relevant insurance policies.

Step 3: Discovery and Settlement Negotiations

Your lawyer will gather evidence, which may include hiring building code experts to prove the stairs or balcony violated Rhode Island safety standards. They will then negotiate a settlement to cover your medical bills, lost wages, and pain and suffering.

Step 4: Filing a Civil Lawsuit

If the corporate insurance adjusters refuse to offer a fair settlement, your lawyer will file a lawsuit. Rather than using a generic form, your attorney will draft a customized Civil Complaint and submit it alongside Form SC-223, Rhode Island, Superior Court, Civil Case Cover Sheet. The lawsuit will be filed in the county where the injury occurred, such as the Newport County Superior Court, Newport or the Washington County Superior Court, South Kingstown.

How Much Does it Cost in Rhode Island?

You do not need to worry about out-of-pocket costs to hire a top-tier injury lawyer.

How Long Does the Process Take?

Under R.I. Gen. Laws § 9-1-14, you have three years from the date of the injury to file a lawsuit in Rhode Island. Negotiating a settlement with Airbnb's insurance can take anywhere from 6 to 12 months. If a formal lawsuit and trial are required, the process can extend from 1 to 3 years depending on the court's calendar.

Frequently Asked Questions (FAQ)