Who Is Liable for Injuries at a Rental Home?

By Renee Nordstrand on June 28, 2021

Airbnb and other vacation rental companies have become an increasingly popular way for people to rent out vacation homes, and more people than ever are now flocking to the California coast. However, with the growing popularity of these rental companies, there are more injuries than ever before. These incidents raise important questions about liability that don’t factor into most people’s vacation plans.

In California, premises liability law outlines when and how a property owner, manager, or even a short-term rental platform like Airbnb can be held accountable. Cases involving rental properties often involve complex liability issues, since multiple parties are usually involved.

Doug Black and Renée Nordstrand-Black, the Santa Barbara premises liability lawyers at NordstrandBlack PC, have the unique knowledge and experience needed to help you seek compensation if you have been injured while renting someone else’s property.

What Is Premises Liability?

Premises liability refers to a property owner’s duty to maintain reasonably safe conditions for those who live in or visit their property. When someone is injured because that duty was breached, the property owner may be held responsible for damages.

In rental home scenarios, the responsible party could be a landlord, a property manager, a maintenance company, or even a temporary host using a platform like Airbnb. These cases are fact-specific, often requiring a detailed look at who had control over the hazardous condition and they knew or should have known about it.

Do You Have a Legitimate Case?

To pursue compensation under California premises liability law, you must show that:

• The defendant owned, leased, or controlled the property
• The defendant was negligent in maintaining the property or addressing hazards
• That negligence was a substantial factor in causing your injury

You may have a valid case if you were injured because of a hazard the property owner knew or should have known about, such as a broken stair, faulty wiring, or mold growth. A free consultation with our attorneys at NordstrandBlack PC can help you clarify your legal standing.

Short-Term Rental Injury?

You may be entitled to compensation. Contact NordstrandBlack PC at (805) 962-2022 to learn more today.

How Property Owner Negligence Causes Injuries

Property owners and landlords have a legal responsibility to regularly inspect, maintain, and repair rental homes. When they neglect these duties or ignore obvious hazards, tenants and visitors can suffer preventable and often severe injuries. Common areas of negligence include:

• Improper Maintenance: Landlords who fail to address basic maintenance issues, such as leaking roofs, broken railings, exposed wiring, or faulty locks, create unsafe living conditions. These hazards often worsen over time and can result in accidents that cause serious physical harm to residents and their guests.
• Unsafe Stairways: Staircases that have loose steps, missing or broken handrails, or insufficient lighting present a major fall risk. Property owners are required to keep stairwells safe and compliant with building codes. Failure to do so can lead to fractures, head injuries, or worse.
• Ceiling Collapse: Ceilings can collapse due to prolonged water damage, structural deterioration, or poor construction. Landlords who ignore signs of sagging, staining, or leakage may be liable if a ceiling gives way, as it can cause traumatic injuries for anyone below.
• Fire Safety Violations: A lack of functioning smoke detectors, fire extinguishers, or clear escape routes can drastically increase the danger in the event of a fire. Landlords must ensure rental units comply with fire safety laws to prevent harm from smoke inhalation, burns, or fatalities.
• Toxic Exposures: Exposure to mold, lead paint, asbestos, or carbon monoxide can result in chronic illness or long-term health complications. If a landlord fails to identify or remediate these toxic threats, they may be held accountable for any resulting harm.
• Unsafe Baths and Showers: Bathrooms that lack non-slip surfaces, have broken tiles, or suffer from plumbing problems can easily become hazardous. These conditions are especially dangerous for children, older adults, or those with limited mobility. Regular inspection and upkeep are essential to prevent falls and injuries.
• Unsafe Windows and Glass Doors: Windows that do not lock or are improperly installed, and glass doors that are not made of safety glass, can result in severe cuts, falls, or even ejections from higher floors. Landlords must ensure these features meet safety standards and are secure for tenants, particularly in multi-level buildings or family residences.
• Defective or Hazardous Appliances: Before the property owner allows renters onto the premises, they should make sure all appliances are in safe working condition. Failing to alert potential renters of faulty appliances could cause an electrical accident or other dangerous incidents.
• Uneven Flooring or Carpet: Any type of hazard that can cause a slip, trip, or fall should be properly repaired. These hazards may include cracked floors, plumbing leaks resulting in slippery surfaces, defective handrails, and other possible dangers.
• Animal Attacks: Renters should be made aware of any animals in or around the premises. Additionally, if, for example, the neighbor has a vicious dog, this animal should be secured, and proper measures taken to safeguard the rental property.
• Poor Security Measures: Before any guest sets foot in an Airbnb, every security measure, such as locks on the doors and windows, should be in working order. Failing to do so may result in possible break-ins, attacks, and other dangerous situations.
• Bad Lighting: A property owner failing to provide adequate lighting in staircases and hallways can result in trip-and-fall incidents. Lack of lighting outside can also be dangerous, depending on the layout of the land and neighborhood.

What’s the Legal Process for a Rental Home Injury Case?

Premises liability cases follow a structured legal process. Here’s what you can expect:

1. Consultation: We discuss your situation, gather preliminary details, and advise you on your legal options.
2. Investigation: We examine the property, collect maintenance records, speak with witnesses, and secure medical evidence.
3. Claim Filing: We notify the at-fault parties and begin negotiations with their insurance companies.
4. Settlement Negotiations: We present evidence and push for full compensation.
5. Litigation: If a fair settlement isn’t offered, we file a lawsuit and prepare for trial.
6. Resolution: Whether through settlement or verdict, we work to recover the full value of your losses.

The Statute of Limitations in California

In California, you generally have two years (February 3, 2026, Deadlines to sue someone | California Courts | Self Help Guide) from the date of your injury to file a personal injury lawsuit. However, every case is different and there are exceptions; we strongly encourage you to speak with a qualified attorney about your claim as soon as possible.

Who Is Liable for Your Injuries?

Liability depends on who had control over the hazardous condition and failed to act responsibly. This could include:

• The property owner or landlord
• The property management company
• Maintenance contractors
• A short-term rental host (in Airbnb or VRBO situations)

We evaluate contracts, rental agreements, maintenance records, and witness statements to determine who should be held accountable.

When Is Airbnb Liable for Guest Injuries?

Airbnb may be held liable in certain situations where the platform failed to properly screen hosts or respond to known safety complaints. In many cases, however, liability falls primarily on the host who controls and maintains the property. Airbnb does offer a Host Protection Insurance program, which may cover injuries caused by property defects.

If you were hurt while staying at an Airbnb rental, our attorneys can review the circumstances and identify all potential sources of compensation, including from the host and Airbnb’s insurance policies.

Injured at a Rental Home in Santa Barbara?

Call NordstrandBlack PC at (805) 962-2022 for a free consultation and find out if the property owner may be held liable for your injuries.

What Types of Damages Are Available?

Damages in a rental home injury case can go beyond medical bills. Depending on your situation, you may be entitled to:

• Immediate and ongoing medical expenses
• Lost income and loss of future earning potential
• Rehabilitation and long-term care costs
• Physical pain and emotional suffering
• Permanent scarring or disability
• Damage to personal property
• Punitive damages, if the landlord’s conduct was egregious

How a Lawyer Can Help

Rental property cases are rarely straightforward. An experienced premises liability attorney can:

• Identify all parties who may be liable for your injury
• Preserve critical evidence, including repair logs and inspection records
• Consult building safety experts and medical experts to strengthen your claim
• Handle all communication with insurers and defense attorneys
• Take your case to trial if a settlement isn’t reached

At NordstrandBlack PC, we provide clear guidance, responsive support, and strategic representation designed to maximize your recovery.

Why Choose Us Over Other Rental Home Injury Attorneys in Santa Barbara?

You need a legal team that can navigate the tough details and advocate for your full recovery. At NordstrandBlack PC:

• We conduct thorough investigations to uncover all sources of liability
• We have extensive experience in premises liability cases involving homes and apartments
• We understand how to build compelling claims supported by expert testimony
• We stay focused on each client’s needs, keeping communication clear and consistent

What Sets Us Apart

• Renée Nordstrand-Black received the Deborah Talmage Attorney of the Year Award, honoring outstanding leadership and advocacy
• Avvo Rated 10.0 Superb, reflecting exceptional peer recognition and client feedback
• Rated Premium by Lawyer.com, signifying a strong reputation and proven results
• Listed among the Best Personal Injury Lawyers in Santa Barbara, based on experience and case outcomes
• Tens of Millions recovered for injured clients through settlements and verdicts
• Decades of combined legal experience handling complex personal injury matters
• Recognized for legal excellence and community advocacy throughout Santa Barbara

Case Results

$317,000.00 Settlement: Premises Liability

Our 80-year-old client exited a store and tripped over a wheel stop, located just outside the exit of the store. She claimed that she did not see the wheel stop due to its unexpected placement abutting the painted white line of the parking stall. The defense argued that our client was not paying attention to where she was walking when she fell and that the wheel stop was open and obvious. Our expert referenced industry standards for wheel-stop placement and referenced the distracting nature of a busy parking lot to support our client’s reasonable actions. The initial settlement offer was $40,000.00. The case settled for $317,000,00.

$225,000.00 Settlement: Premises Liability

We earned a $225,000.00 settlement in a premises liability case after our client fell three feet into an improperly guarded loading ramp in a parking lot. The incident exacerbated her preexisting knee and back pain, resulting in the need for knee arthroscopic surgery.

What Clients Are Saying About Us

I definitely recommend Doug-Margaret (5-Star Avvo Review)

Doug is so great! From the very beginning of my case Doug not only showed great professionalism and attention to the case, but showed that he cared for me as a person. He was always very assuring. Doug answered my emails or calls within minutes with thorough answers. It was clear he spent time preparing and it paid off because we got exactly what we wanted. I definitely recommend Doug to anyone who is searching for a great lawyer who will hear you out, seek to understand you and fight for you. Thank you a million times Doug.

Amazing attorneys- Gabriela Madrigal (5-Star Google Review)

Amazing attorneys. They really care for the client’s well-being and for them to get what they deserve. I got to know Ms. Nordstrand when I was younger. She helped my father with a case; she made sure he was well taken care of. Now, years down, I hired her services because of an accident I had. I’m sure and know I’m in good hands. The best in SB.

Speak With a Trusted Santa Barbara Premises Liability Lawyer

If you believe the property owner allowed a hazardous condition to exist on the property, and failed to warn you of any risk or danger, chances are you have a good case for compensation. NordstrandBlack PC will fight on your behalf to get you the compensation you deserve.

Call (805) 962-2022 for a free consultation and find out how we can help.

Meet Our Attorneys

Renée Nordstrand-Black

Renée J. Nordstrand-Black is a highly respected personal injury attorney and the founding partner of NordstrandBlack PC. She has more than 40 years of experience representing individuals and families harmed by the negligence of others. Known for her tenacity, strategic thinking, and compassion, Renée has built her career advocating for victims in cases involving serious injury, wrongful death, vehicle collisions, defective products, and unsafe property conditions.
Renée’s drive to fight for those who have been injured stems from personal experience. A serious skiing accident in high school gave her a firsthand understanding of what it means to live through trauma, recovery, and the financial pressures that follow a serious injury. This deep empathy is reflected in every case she takes on.

Doug Black

Doug Black is a dedicated personal injury attorney and co-founder of NordstrandBlack PC, where he brings a unique blend of legal skill and real-world experience to the firm’s work on behalf of injury victims. Before becoming an attorney, Doug built and operated a successful construction business for over 30 years, Doug Black Masonry.

As a licensed mason and general contractor, he gained in-depth knowledge of property safety, structural standards, and the kinds of hazards that often lead to serious injuries. That insight gives him a powerful edge when representing clients in premises liability, construction-related injury, and personal injury cases. Doug’s background also includes extensive experience in business operations, contract negotiation, and dispute resolution.

∗When it comes to statute of limitations laws in California, there are frequently exceptions that may apply. Every case is unique, and that is why we strongly encourage you to speak with a qualified attorney about your claim as soon as possible.