South Carolina is a popular destination for travelers, and many visitors choose to stay in vacation rental homes (like Airbnbs or VRBOs) instead of hotels. But what happens if your relaxing getaway is interrupted by an injury on the rental property? In South Carolina, injuries at a vacation rental fall under premises liability law, meaning the property owner (or whoever is responsible for maintaining the property) may be legally liable if their negligence caused your injury. Below, we explain your rights as an injured guest, the steps to take after an accident, and how South Carolina law applies – whether you’re a local or an out-of-state visitor hurt while vacationing in the Palmetto State.

Your Rights as an Injured Guest in a SC Vacation Rental

Premises Liability and Duty of Care: Under South Carolina law, vacation rental owners owe their paying guests a high “duty of care” to keep the property reasonably safe. In legal terms, you are likely considered an “invitee” (someone on the property for the mutual benefit of you and the owner), which means the owner or host must use reasonable care to inspect for hazards and warn you of or fix any hidden dangers they know about or should discover. In fact, South Carolina courts have noted that invitees are owed the “utmost duty of care” by landowners. If the host or property owner breaches this duty through negligence and you get hurt as a result, they can be held liable for your injuries.

Common Causes of Rental Injuries: Unsafe conditions at a rental house or condo can lead to all kinds of accidents. Some common problems that have injured vacationers include:

• Broken or missing stair handrails that cause falls

• Rotten or damaged steps and flooring that give way underfoot

• Poor lighting or hidden tripping hazards (e.g. uneven floor transitions or overgrown paths)

• Unsafe pool areas, such as lack of fencing or slippery surfaces

• Unstable decks or balconies that collapse due to structural issues

Property owners in South Carolina have a legal duty to address hazards like these and maintain a safe environment for guests. If an owner knew (or should have known) about a dangerous condition and failed to fix it or warn you, they can be accountable for the harm you suffered. For example, if your injury was caused by a building code violation – say, a staircase without a required handrail – that safety violation strongly indicates the owner’s negligence. Similarly, if the owner made a repair but did it carelessly (a negligent repair), and that caused your accident, the owner may be liable as well. In short, renting out a property doesn’t give the owner a free pass on safety. They must take reasonable precautions to prevent guest injuries, and South Carolina law will hold them responsible if they don’t.

What About Airbnb or VRBO? You might wonder if you can hold the rental platform (like Airbnb or VRBO) responsible for your injury. Generally, you cannot sue Airbnb/VRBO directly as if they were the owner – these companies treat hosts as independent and typically disclaim liability for accidents. However, both Airbnb and VRBO now provide insurance coverage for injuries at rentals. Each offers up to $1 million in liability coverage to compensate guests who are injured in accidents on the property. (Intentional acts like assaults are not covered by these host insurance programs.) This means if you are hurt due to the host’s negligence, you will likely be dealing with an insurance claim funded by the host’s insurance or the platform’s insurance. If your damages turn out to exceed the $1 million policy limit, you can pursue the remainder from the property owner directly or through their own homeowner’s insurance. An experienced attorney can help navigate this process to ensure you pursue all available sources of compensation.

Out-of-State Visitors: It doesn’t matter if you’re from South Carolina or just visiting – if you were injured in South Carolina at a rental home, South Carolina law applies to your claim. You have the right to seek compensation under our state’s laws, and typically the case can be handled in South Carolina courts. State law even provides that a non-resident rental owner is subject to South Carolina jurisdiction for claims arising from rental activities here. In other words, an out-of-state owner can still be sued in South Carolina if their local rental caused injuries. So even if you live elsewhere, you should consult a South Carolina attorney if you were hurt during a SC vacation stay – our firm is equipped to help clients from both in-state and out-of-state, so long as the injury happened here in South Carolina.

Steps to Take After a Vacation Rental Injury

If you get injured during a vacation rental stay, your health and legal rights are top priorities. Here are 5 key steps to take (in order) after the accident:

1. Get Medical Attention: Your safety comes first. If you’re seriously hurt, call 911 or visit a doctor right away. Even if injuries seem minor, get a medical evaluation as soon as possible. This ensures you get proper treatment and creates medical records documenting your injuries.

2. Report the Incident: Notify the property owner or rental host immediately about what happened. If you booked through Airbnb/VRBO, report it through the platform as well. South Carolina premises liability law encourages promptly reporting hazards – it not only alerts the owner to fix the danger for others, but also creates a record that you reported the problem. When you inform the owner/host, stick to the facts of what occurred; keep communications polite and factual.

3. Document the Scene and Evidence: If you can do so safely, gather evidence of the hazard that caused your injury. Take clear photos or video of the accident scene, the dangerous condition (e.g. the broken step, loose railing, puddle on floor, etc.), and any lack of warning signs. Save copies of your booking confirmation and any messages with the host. If there were witnesses (family, friends, or other guests), get their names and contact information – their testimony could be valuable later. All this evidence will be extremely helpful in proving negligence down the line.

4. Avoid Quick Settlements or Admissions: It’s understandable to be upset or even angry, but be cautious about what you say or sign right after an accident. Don’t admit fault for what happened – there may be factors you aren’t aware of. Also, don’t rush to accept any quick cash or “refund” from the owner or their insurer without legal advice. Often, initial settlement offers are low and may require you to waive your rights. Remember that South Carolina follows a comparative negligence rule, which means even if you were partly at fault, you can still recover damages as long as you were not more than 50% to blame. For instance, if you didn’t see a hazard that the owner failed to fix, you might bear some minor fault, but that doesn’t bar your claim – your compensation would just be reduced in proportion. Don’t let an insurance adjuster mislead you about responsibility. It’s wise to have an attorney review any settlement offers or liability questions.

5. Consult a Personal Injury Attorney (Free Consultation): Talk to an experienced South Carolina injury lawyer as soon as possible to understand your legal options. A lawyer can evaluate the facts, advise you on liability, and deal with the insurance company or Airbnb’s claim process on your behalf. Importantly, an attorney will ensure you meet all deadlines – including South Carolina’s statute of limitations for injury cases. In SC, you generally have three years from the date of injury to file a lawsuit (though it may be only two years if a governmental entity is involved). Missing the deadline could forfeit your rights, so getting legal guidance early is crucial. At Proffitt & Cox, LLP, we offer free initial consultations to injured victims, so you can get professional advice at no cost. In fact, our firm only charges attorney’s fees if we successfully recover compensation for you (contingency fee basis). Scheduling a free consultation is an excellent final step to protect yourself – your lawyer can help gather evidence, identify all responsible parties (even out-of-state landlords, as noted above), and fight for the full compensation you deserve.

Who Can Be Held Liable for a Vacation Rental Injury?

Determining liability – who is legally responsible – is often the trickiest part of vacation rental injury cases. Every situation is unique, but some parties that may bear liability include:

• The Property Owner/Landlord: In most cases, the primary responsibility falls on the owner who offered the property for rent. If they were negligent in maintaining the home or failed to warn of a hazard, they can be liable for injuries to guests. South Carolina law makes owners accountable when they don’t uphold their duty of care to invitees on the premises. Even if the owner lives out-of-state, they can be brought into a South Carolina legal action for an injury that happened here. Owners typically carry homeowner’s or landlord insurance that would cover these injury claims.

• Property Manager or Rental Company: If a management company or agent was in charge of upkeep, cleaning, or repairs on the property, and their negligence contributed to the unsafe condition, they could also share liability. For example, if a property manager ignored a known issue (like a loose step or broken tile) reported by previous renters, that company might be on the hook along with the owner.

• Airbnb/VRBO Platform: As noted, you usually can’t sue the platform directly as if it were the landlord – Airbnb and VRBO have liability protections in their terms. However, they do provide Host Liability Insurance coverage up to $1,000,000 for guest injuries. In practical terms, this means that while Airbnb/VRBO might not be named as a defendant in a lawsuit, their insurance funds may pay out your claim if the host was at fault. One exception could be if the platform itself did something egregious (for instance, knowingly listing a property with a history of injuries), but that’s rare and beyond the normal scope of a rental injury case.

• Third Parties (Contractors or Manufacturers): Sometimes an injury stems not just from poor maintenance but from a defective product or the work of a contractor. For example, if a balcony collapsed due to shoddy construction work or a defective building material, the contractor or product manufacturer could be liable under product liability or negligence theories. Your attorney will investigate if any third parties played a role – especially in cases of structural failures, electrical injuries, fires, etc.

In most vacation rental injury claims, the focus will be on the property owner’s negligence, since they control the condition of the premises. It’s worth noting that under South Carolina’s Residential Landlord and Tenant Act, landlords are generally required to comply with building codes and keep rentals “fit and habitable,” making all necessary repairs for safety. (While short-term “transient” rentals may not fall formally under that Act’s protections, it illustrates the legal expectation that rental properties be kept safe for occupants.) If a landlord blatantly ignores that obligation and someone gets hurt, it reinforces their liability. On the flip side, a landlord is not usually liable for injuries caused by conditions that arose after the tenant took possession, unless one of the exceptions we discussed applies (hidden dangers, code violations, retained control, etc.). This is another reason why identifying when and how a dangerous condition developed is important – it helps establish that the owner had a chance to fix it and failed to do so.

Recovering Compensation for Your Injuries

An injury can leave you with hefty medical bills, lost income from missed work, and pain and emotional fallout that linger long after your vacation ends. If a property owner’s negligence caused your accident, you have the right to demand compensation for all these damages:

• Medical Expenses: This includes emergency room visits, hospital bills, doctor appointments, medication, physical therapy, and any future medical treatment you’ll need for your injuries. Be sure to save all medical records and receipts – these are key evidence of your losses.

• Lost Income: If you had to miss work (or can’t return to your previous job duties) because of the injury, you can claim compensation for your lost wages and lost earning capacity. This can include not only your base salary but also lost overtime, bonuses, or sick/vacation days you had to use.

• Pain and Suffering: South Carolina law allows injured people to recover for the physical pain and the mental anguish or loss of enjoyment of life caused by an accident. These non-economic damages can be significant – for example, if you suffered a broken leg due to a rental owner’s negligence, you could pursue damages for the pain, the emotional distress of a ruined vacation, and any lasting impact on your daily life or hobbies. There isn’t a fixed formula for these; often it’s negotiated or, if it goes to trial, left to a jury’s judgment of what’s fair.

• Other Costs: In some cases, you might have additional recoverable costs – for instance, if you had to cancel flights or lose non-refundable travel expenses because of the injury, those might be claimed as consequential damages. If your personal property was damaged in the incident (e.g. your laptop was destroyed in a rental house fire due to a code violation), that could be included too.

To actually get compensated, your attorney will typically start by filing a claim with the insurance company involved – either the host’s homeowner insurance or the Airbnb/VRBO liability insurer (or sometimes both, if one policy isn’t enough). Many vacation rental injury cases are resolved through insurance settlements. A skilled lawyer can negotiate with the insurers, present the evidence of the owner’s fault, and advocate for a full and fair payout. If the insurance company won’t offer a reasonable settlement, your attorney can file a personal injury lawsuit on your behalf. The threat of litigation (and a potential jury verdict) often motivates insurers to settle. However, if necessary, having a law firm that is prepared to go to court can make all the difference.

Statute of Limitations: As mentioned, you generally have 3 years from the injury date to file a lawsuit in South Carolina for a personal injury claim. (One notable exception: if the vacation rental was government-owned or operated, you might face a 2-year deadline and other special notice requirements – but such scenarios are uncommon, as most vacation rentals are privately owned.) It’s critical not to let the clock run out. Even if you’re pursuing an insurance claim, remember that only a filed lawsuit will stop the statute of limitations from expiring. An attorney will keep track of this deadline and ensure your case is filed in time if a settlement isn’t reached.

How Proffitt & Cox Can Help You After a Vacation Rental Injury

Suffering an injury during what was supposed to be a fun vacation can be overwhelming and frustrating. You may be facing physical pain, medical treatments, and confusion over who will pay for what. You don’t have to handle it alone. At Proffitt & Cox, LLP, our South Carolina personal injury attorneys have decades of experience holding property owners accountable for negligence. We understand the nuances of premises liability law – from proving a landlord knew or should have known about a hazard, to navigating the insurance policies of Airbnb or VRBO hosts. Our legal team will thoroughly investigate the circumstances of your injury, gather evidence (maintenance records, prior guest complaints, building code inspections, etc.), and build the strongest case possible that you were hurt due to the owner’s failure to exercise due care.

Because we’re a Columbia-based firm that focuses on helping injured people statewide, we are very familiar with South Carolina law and local courts. Whether you live in Columbia, elsewhere in South Carolina, or were visiting from another state when the accident happened, we can provide knowledgeable guidance. Our goal is to take the legal burdens off your shoulders so you can focus on healing. We handle the paperwork, the insurance adjusters, and (if needed) the courtroom litigation, fighting to get you the compensation you need to get life back on track.

Free Consultation & No Fee Unless We Win: We offer a free initial consultation to review your vacation rental injury claim and answer your questions. This meeting is confidential and comes with no obligations. If you do hire us, you pay nothing upfront – we work on a contingency fee, which means we only get paid if we recover money for you. This way, you can afford top-quality legal representation regardless of your financial situation.

Contact Us Today

An injury during a vacation can disrupt your life, but you have legal rights and options to recover financially. Don’t wait to get help. Important evidence can disappear over time (for example, an owner might quickly fix the defect after your injury, or booking records might get deleted), and legal deadlines do apply. If you or a loved one were injured at a South Carolina vacation rental, reach out to Proffitt & Cox, LLP for a free consultation. We’ll evaluate your case, explain the next steps, and help you pursue the justice and compensation you deserve. Contact us today to schedule your free case review – let our experienced Columbia-based injury attorneys take it from here so you can focus on healing and moving forward.