Who Is Liable for an Injury at a Minnesota Vacation Rental?

Every property owner in Minnesota owes a duty of reasonable care to anyone lawfully on their land. That includes owners who list a location on Airbnb, Vrbo, or any other short-term rental platform. This principle was established in 1972, when the Minnesota Supreme Court abolished an older system that graded a property owner's responsibility based on whether a visitor was a paying customer or a social guest.

That means that a renter who books a weekend away through Airbnb is entitled to the same basic protection as someone visiting a friend's house or shopping at a local store. The host is expected to inspect the property, address known hazards, and warn guests of dangers that aren’t obvious. Failing to take reasonable steps constitutes a breach of duty.

To prove a breach of duty, three standards must be met:

1. A real hazard existed on the property.
2. The owner knew about it or should have discovered it through reasonable inspection.
3. Nothing was done to fix or warn about the hazard within a reasonable time.

If all three are true, you may have grounds for a premises liability claim. Examples include:

• An unstable deck railing that gives way when a guest leans on it.
• Loose or missing steps on a staircase that haven’t been repaired.
• A hot tub with faulty wiring that could shock someone.
• A propane fireplace or space heater that isn't properly vented, leading to carbon monoxide poisoning.
• A rotted dock that guests can fall through.
• A broken porch light left unrepaired for weeks, causing a guest to trip in the dark.

The most important factor throughout is foreseeability. Hosts aren't typically liable for accidents that few people would anticipate. Still, they are on the hook for conditions a reasonable property owner would have caught during a routine inspection.

Depending on the details of the property, more than one party may be liable for an accident.

Property Owner

Most vacation rentals in Minnesota are owned and maintained directly by the person listing them. In that case, they carry the primary duty of care and will likely be held responsible for any accidents caused by their negligence. An owner who lists their location on Airbnb or VRBO is taking reasonable responsibility for the safety of their guests. Failing to do so is grounds for legal action.

Property Management Company

In some cases, an owner will hire a management company to oversee their rental property. This arrangement can shift some or all responsibility to the manager. If the management company failed to do its job in maintaining a safe environment for guests, it can be named alongside (or possibly in place of) the owner in a lawsuit.

Booking Platform

Booking platforms like Airbnb and VRBO are generally shielded from liability for a host's negligence. However, there are exceptions, such as when:

• The platform misrepresented a property's safety features in its own listing.
• The platform ignored repeated warnings or complaints about an unsafe property.
• The platform kept a host active despite a known history of unsafe behavior, such as harassing or abusing guests.
  

In practice, though, the property owner or manager is usually liable, not the platform.

Many vacation rental bookings come with a house rules agreement or a liability waiver buried in the checkout process. Some hosts (and guests) assume that this agreement closes the door on any future claim. However, Minnesota law doesn't work that way. A guest can't sign away a property owner's obligation to exercise reasonable care. That protection holds even more firmly when the owner's conduct rises to gross negligence, such as ignoring a hazard they already knew about.

With that said, a waiver isn't meaningless. It can shape how a case is argued, especially if a guest agreed to rent despite a known danger like a rope swing or an unguarded fire pit. But a waiver doesn't erase an owner's underlying duty to keep the property reasonably safe, and it won't stop a legitimate negligence claim from moving forward.

Sometimes, a guest may contribute to their own injury, even if the host was also negligent. For example, a fire pit may be unsafe, but a guest may also have been standing too close or horsing around by the flames. Alternatively, a guest might slip on a broken step while jogging up the stairs and carrying too many items. In these cases, fault may not be clear, and the host and guest may share responsibility.

Despite this, you may still be entitled to compensation. Minnesota follows a modified comparative fault rule, which means you can still file a claim even if you were partially at fault. All that is required is that the host’s underlying negligence is greater than your own.

Property owners and their insurance providers often try to avoid accountability by unfairly blaming guests. An experienced Minnesota attorney can examine the facts and help prove what really happened.

Knowing what to do after an injury can make all the difference for protecting your health and legal rights.

1. Document what happened: Take pictures of the hazard that caused your injury as well as the injury itself. Take notes of any relevant information you may need later. If possible, do this before anything gets fixed or removed, which could make it harder to prove your claims.
2. Report the injury in writing: Notify the owner or property manager of what happened. Send them a written message, such as a text or email, and keep a record of that message and their response. Anything said on a phone call may be harder to prove. Keep your conversation brief and professional. Above all, do not accept fault for the accident or speak harshly to the host.
3. Seek medical attention promptly: Seeing a doctor right away will help catch any injuries before they get worse. It will also help establish a paper trail for the timing and extent of your injuries.
4. Save your records: Keep the original booking confirmation, any messages exchanged with the host, and the names of anyone who witnessed what happened.
5. Don’t share details with the host’s insurance company: Insurance adjusters are trained to ask pointed questions and shift blame onto the injured party. Don’t give a recorded statement to anyone’s insurance provider until you’ve spoken with an attorney.
6. Talk to an attorney: Premises liability claims are complicated and nuanced. An attorney can help identify every liable party, value your claim accurately, and handle communication with insurers on your behalf.

Your vacation was supposed to be an opportunity for calm, rest, and enjoyment. An unexpected injury can leave you with medical bills, missed work, and plenty of stress. If you are injured while staying at a vacation rental, we’re here to help.

For over 70 years, the SiebenCarey team has helped thousands of injury victims throughout Minnesota. Our attorneys will handle the legal nuances of your case so you can rest and focus on healing.

Call us 24/7 at 1-800-4-RIGHTS or contact us online for a free consultation.