Premises liability holds property owners responsible for keeping their places safe for visitors. Short-term rental hosts, in particular, owe their guests the highest duty of care, which includes inspecting the property for hazards and warning of any known dangers.
However, this doesn’t mean hosts are automatically liable for all injuries on their property. Guests also have duties, and their actions can greatly affect their right to recover damages under Maryland law.
Understanding contributory negligence
Maryland is one of only four states – plus Washington D.C. – that still use pure contributory negligence. This means that if the court finds that the injured person is even 1% at fault for their own injury, they cannot recover any damages. This rule applies to all personal injury cases, including those involving short-term rentals.
Here are some common things guests do that might make them partly at fault for their injury:
- Not following clear safety rules, such as diving in a shallow pool with a “No Diving” sign
- Using items or amenities improperly, such as standing on a dining chair instead of using the provided step ladder
- Drinking too much alcohol, which increases their risk of injury
- Going into areas marked as off-limits, putting them at risk for injuries the host cannot reasonably prevent
It’s important to note that many Maryland jurisdictions have specific safety requirements or licensing processes for short-term rental properties. A host’s compliance or non-compliance with these rules could affect who is responsible for injuries. Guests should know their rights and the local laws governing short-term rentals in the area they are visiting.
In case of injury, it is important to keep a record of what happened. Take pictures of any unsafe areas, keep notes of any doctor visits, and tell the host about the problem as soon as possible. Also, before your trip, make sure to read your rental agreement carefully. This document often contains important information about liability and the responsibilities of both hosts and guests.
Vacations shouldn’t end with an injury
While some injuries in short-term rentals may result from guest actions, genuine hazards or improperly maintained property features can lead to host liability. However, each case is unique and depends on specific circumstances. If you experienced an injury because of these during your stay, seeking legal advice is crucial.
