New York Airbnb & Vacation Rental Injury Demand Letters

Comprehensive guide to pursuing injury claims against Airbnb hosts, VRBO owners, and property managers in New York. Covers Multiple Dwelling Law, NYC short-term rental regulations, CPLR Article 14-A comparative negligence, and strategies for establishing host and platform liability.

New York Vacation Rental Injury Claims

Short-term rentals through Airbnb, VRBO, and similar platforms have created new categories of premises liability claims in New York. Guests injured due to dangerous property conditions, inadequate safety features, or host negligence may have claims against property owners, hosts, management companies, and potentially the platforms themselves.

New York Short-Term Rental Legal Framework

New York has complex regulations governing short-term rentals, particularly in New York City:

  • NYC Local Law 18 (2022): Requires hosts to register with the city; prohibits rentals under 30 days unless host is present during stay
  • Multiple Dwelling Law: Applies to buildings with 3+ residential units; imposes statutory safety duties on owners
  • NYC Housing Maintenance Code: Requires owners to maintain premises free from hazards
  • General Business Law Section 349: Prohibits deceptive business practices; may apply to misleading listings
  • Building Code: Safety requirements for exits, smoke detectors, carbon monoxide detectors, electrical, fire safety
Common Airbnb/Vacation Rental Injury Scenarios
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Slip and Falls Wet bathrooms without non-slip mats, icy walkways not treated, loose carpeting, uneven floors, inadequate lighting in stairways.
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Fire and Smoke Hazards Missing or non-functional smoke detectors, no carbon monoxide detectors, blocked exits, no fire extinguisher, faulty electrical.
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Electrical Hazards Exposed wiring, overloaded circuits, faulty appliances, non-grounded outlets, electrocution risks in bathrooms.
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Structural Defects Broken railings, collapsed decks or balconies, falling ceiling materials, broken windows, unsafe stairs.
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Pool and Hot Tub Injuries No fencing or barriers, broken drain covers, inadequate depth markings, missing safety equipment, chemical burns.
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Carbon Monoxide Poisoning Faulty heating systems, blocked vents, no CO detectors, improper appliance installation.
CPLR Article 14-A: Pure Comparative Negligence

New York follows pure comparative negligence under CPLR Section 1411. Your damages are reduced by your percentage of fault, but you can recover even if you are mostly at fault. This is more favorable than many states that bar recovery if you are 50% or more responsible.

Example: If you slipped on an icy walkway at an Airbnb and were found 30% at fault for not using available handrails, and your damages are $200,000, you would still recover $140,000.

Statute of Limitations
Critical Deadlines
  • Personal injury claims: 3 years from the date of injury under CPLR Section 214
  • Breach of contract claims: 6 years under CPLR Section 213 (may apply if rental agreement included safety representations)
  • Product liability claims: 3 years from injury date for defective furniture, appliances, or fixtures
  • Wrongful death claims: 2 years from date of death under EPTL Section 5-4.1

Evidence can disappear quickly. The property may be rented to other guests who alter the scene. Send preservation demands immediately.

Theories of Liability for Vacation Rental Injuries

Vacation rental injury claims in New York can proceed under multiple legal theories depending on the circumstances of the accident, the parties involved, and whether statutory violations occurred.

1. Premises Liability Against Property Owners

Under New York common law, property owners owe guests a duty of reasonable care to maintain the property in a reasonably safe condition. This includes:

  • Duty to inspect: Reasonable inspection to discover dangerous conditions
  • Duty to repair: Timely repair of known hazards
  • Duty to warn: Warning guests of known dangers that cannot be immediately repaired
  • Non-delegable duties: Owners cannot escape liability by hiring property managers

As a paying guest, you are an invitee entitled to the highest duty of care.

2. Multiple Dwelling Law Violations (MDL)

If the rental is in a building with three or more residential units, the Multiple Dwelling Law imposes statutory duties:

  • MDL Section 78: Owners must keep premises in good repair and free from conditions dangerous to life, health, or safety
  • MDL Section 79: Requires maintenance of common areas, stairs, halls
  • MDL Section 80: Fire safety requirements, including smoke detectors
  • Negligence per se: Violation of MDL can establish negligence as a matter of law
3. NYC Housing Maintenance Code (HMC)

NYC Administrative Code Title 27, Subchapter 2 sets minimum housing standards:

  • Smoke and CO detectors: Required in all dwelling units
  • Window guards: Required in apartments where children under 11 reside
  • Lead paint: Disclosure and remediation requirements
  • Heat and hot water: Minimum standards
  • Structural safety: Floors, walls, ceilings, stairs must be safe

HMC violations can support negligence per se claims.

4. Liability of Hosts and Property Managers

Hosts (who may be different from owners) and property management companies may be independently liable:

  • Hosts: Owe same duty of care as owners when in control of property
  • Property managers: Liable for negligent maintenance within scope of duties
  • Contractual duties: May have assumed specific safety obligations
  • Agency liability: Acting as agent of owner, may bind owner to liability
Platform Liability (Airbnb, VRBO)

Pursuing liability against Airbnb or VRBO directly is challenging but not impossible:

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Communications Decency Act Section 230 Platforms argue immunity as publishers of third-party content. However, this does not protect them from claims based on their own conduct.
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Own Negligence Exceptions If Airbnb negligently vetted hosts, failed to enforce safety standards, or made its own representations about safety, Section 230 may not apply.
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Airbnb Host Protection Insurance Airbnb provides $1 million liability coverage for hosts. You may pursue this coverage even if the host is judgment-proof.
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Mandatory Arbitration Airbnb's terms require arbitration. You may challenge arbitrability or proceed in arbitration to access insurance coverage.
Illegal Short-Term Rental Operations

If the host was operating illegally under NYC Local Law 18 (no registration, rentals under 30 days without host present), this strengthens your claim:

  • Evidence of reckless disregard for legal requirements
  • May support punitive damages claim
  • Shows pattern of cutting corners on safety
  • However, illegality alone does not automatically establish causation for your specific injury
Evidence Gathering for Vacation Rental Injury Claims

Evidence preservation is critical in vacation rental cases. The property will continue to be rented, conditions may be repaired, and the host may delete communications. Act immediately to preserve evidence.

Immediate Evidence Collection
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Photograph Everything The dangerous condition, surrounding area, lighting, warning signs (or lack thereof), your injuries, the entire property. Video is even better.
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Screenshot the Listing The Airbnb/VRBO listing, all photos shown, safety features claimed, house rules, reviews mentioning similar issues.
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Preserve All Communications Messages with host before, during, and after the incident. Download from the app and screenshot.
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Witness Information Other guests, neighbors, building staff who witnessed the condition or your injury.
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Police/Fire Report If emergency services responded, obtain copies of all reports filed.
Evidence to Request from Host/Platform
Evidence Type What It Shows Why It Matters
Prior Guest Complaints Other guests reported similar hazards Establishes notice; shows pattern
Maintenance Records What repairs were done, when, by whom Shows host knew of problems or failed to inspect
Inspection Reports Professional inspections of property May reveal known hazards
Insurance Claims Prior injury claims at property Pattern of dangerous conditions
Building Code Violations NYC DOB violations history Public record of safety issues
Host's Other Listings Pattern of complaints across properties Shows systemic neglect
Evidence Preservation Demand

Send written preservation demands to all parties immediately. Your demand should require preservation of:

  • All communications with guests for the past 2 years
  • All complaints and reviews (including hidden/removed ones)
  • Maintenance and repair records
  • Insurance policies and prior claims
  • Photos and videos of the property
  • The physical condition of the hazard (do not repair)

Failure to preserve evidence after receiving this demand may result in spoliation sanctions, including adverse inference at trial.

Public Records to Obtain
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NYC DOB Building Records Search NYC Buildings Information System (BIS) for violations, complaints, permits, and certificates of occupancy at the property.
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HPD Violations NYC Housing Preservation and Development database shows housing code violations.
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Short-Term Rental Registration Check if host is registered with NYC under Local Law 18. Unregistered operation is evidence of negligence.
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Property Ownership Records ACRIS (NYC property records) identifies true owner, which may be different from the host.
Damages in New York Vacation Rental Injury Cases

New York allows recovery of comprehensive damages in premises liability cases. Unlike some states, New York does not cap non-economic damages in most personal injury cases.

Economic Damages
  • Medical expenses: Past and future medical bills, including ER, surgery, physical therapy, medications, medical devices
  • Lost wages: Income lost due to inability to work during recovery
  • Future lost earning capacity: If injuries cause permanent disability affecting your ability to earn
  • Travel expenses: Cost of returning home early, rebooking flights, additional lodging
  • Property damage: Personal belongings damaged in the incident
  • Out-of-pocket expenses: Transportation to medical appointments, home modifications
Non-Economic Damages
  • Pain and suffering: Physical pain from injuries and treatment
  • Emotional distress: Anxiety, depression, PTSD, fear
  • Loss of enjoyment of life: Inability to participate in activities you previously enjoyed
  • Disfigurement and scarring: Visible injuries causing embarrassment
  • Loss of consortium: Impact on relationship with spouse (claimed by spouse)
  • Ruined vacation: Loss of anticipated enjoyment of the trip
Settlement Value Factors
Injury Type Typical Settlement Range Key Factors
Soft tissue injuries (sprains, strains) $10,000 - $50,000 Treatment duration, recovery time
Fractures requiring surgery $75,000 - $300,000 Complexity, hardware, permanent limitations
Traumatic brain injury $200,000 - $2,000,000+ Severity, cognitive impairment
Burns (fire, CO poisoning) $100,000 - $1,000,000+ Degree, body surface area, scarring
Drowning/near-drowning $250,000 - $5,000,000+ Brain damage, death
Airbnb Host Protection Insurance

Airbnb provides hosts with up to $1 million in liability coverage. This coverage may pay for your injuries even if the host has no personal assets.

  • Coverage is secondary to host's personal insurance
  • Does not cover intentional acts or certain exclusions
  • Pursuing this coverage typically requires arbitration per Airbnb terms
  • An attorney can help navigate the arbitration process to access this coverage
Punitive Damages
When Punitive Damages May Be Available

New York allows punitive damages when the defendant's conduct shows reckless disregard for safety or willful misconduct:

  • Operating illegally: Knowingly violating NYC short-term rental laws
  • Ignoring known hazards: Renting property despite knowledge of dangerous conditions
  • Hiding prior injuries: Concealing that other guests were injured by same hazard
  • Falsifying safety features: Claiming smoke detectors work when they don't
  • Post-incident cover-up: Destroying evidence or intimidating witnesses
New York Vacation Rental Injury Demand Letter Templates

Use these professionally drafted templates as starting points for your demand letters. Customize with your specific facts, injuries, and damages.

Demand Letter to Airbnb Host (Premises Liability)
[Your Name] [Your Address] [City, State ZIP] [Email] [Phone] [Date] [Host Name] [Host Address if known] Via Airbnb Message System and Certified Mail RE: PERSONAL INJURY CLAIM - PREMISES LIABILITY Property: [Property Address] Booking Dates: [Check-in to Check-out] Reservation ID: [Airbnb Confirmation Number] Dear [Host Name]: I write regarding injuries I sustained at your Airbnb property located at [Property Address], [City], New York during my stay from [Date] to [Date]. This letter constitutes formal notice of my claim and demand for compensation. FACTS OF THE INCIDENT On [Date], while staying at your property, I [describe incident - e.g., "fell on the stairway leading from the second floor to the first floor due to a broken handrail and inadequate lighting"]. At the time of my fall, [describe conditions - e.g., "the handrail was loose and pulled away from the wall when I grabbed it, and the stairway light bulb was burned out"]. As a direct result of this dangerous condition, I sustained the following injuries: [List injuries - e.g., "fractured right wrist requiring surgical repair with plates and screws, multiple contusions, and soft tissue injuries to my shoulder"]. LIABILITY UNDER NEW YORK LAW As the operator of a short-term rental property in New York, you owed me, as a paying guest and invitee, a duty of reasonable care to maintain the property in a reasonably safe condition. This duty includes: 1. INSPECTION: Reasonable inspection to discover dangerous conditions 2. REPAIR: Timely repair of known hazards 3. WARNING: Warning of dangers that cannot be immediately fixed You breached this duty by failing to [maintain the handrail / replace the light bulb / etc.]. [If applicable: The condition had clearly existed for an extended period, as evidenced by (describe evidence of long-standing condition).] [If NYC property]: Additionally, under the NYC Housing Maintenance Code and Multiple Dwelling Law Section 78, you have statutory duties to maintain the premises free from conditions dangerous to life, health, or safety. The [describe hazard] constitutes a violation of these requirements. [If unregistered]: Furthermore, I understand this property may not be registered with NYC as required under Local Law 18. Operating an illegal short-term rental while failing to maintain basic safety standards demonstrates reckless disregard for guest safety. EVIDENCE PRESERVATION DEMAND You are hereby directed to immediately preserve all documents and materials related to this property, including: - All guest communications and reviews (including hidden/deleted) - Maintenance and repair records - Inspection reports - Prior complaints about similar conditions - Insurance policies - Photos and videos of the property DO NOT repair or alter the [handrail/stairs/etc.] until I have had the opportunity to have it inspected by an expert. Destruction or alteration of evidence may result in spoliation sanctions. DAMAGES I have incurred the following damages: - Medical expenses to date: $[Amount] - Anticipated future medical expenses: $[Amount] - Lost wages: $[Amount] - Travel expenses (early return home): $[Amount] - Pain and suffering: [Describe impact] DEMAND I demand payment of $[Amount] within 30 days to resolve this claim. This demand will expire on [Date]. If I do not receive satisfactory response, I will pursue all available remedies including filing suit in New York Supreme Court, reporting this matter to NYC enforcement agencies, and seeking punitive damages. New York's 3-year statute of limitations under CPLR Section 214 preserves my right to file suit until [Date 3 years from incident]. Please direct all communications to me at the address above. Sincerely, [Your Signature] [Your Printed Name] Enclosures: - Medical records and bills - Photos of dangerous condition and injuries - Airbnb booking confirmation
Demand Letter to Property Owner (When Different from Host)
[Date] [Property Owner Name] [Owner Address - from ACRIS records] Via Certified Mail, Return Receipt Requested RE: PERSONAL INJURY CLAIM - PREMISES LIABILITY Property: [Property Address, Unit #] Date of Incident: [Date] Claimant: [Your Name] Dear [Property Owner]: I write regarding injuries I sustained at your property located at [Address] on [Date]. Although the property was rented through Airbnb by [Host Name], public records from ACRIS identify you as the property owner. As owner, you bear primary responsibility for maintaining the premises in a safe condition. SUMMARY OF INCIDENT [Brief description of incident and injuries] OWNER'S NON-DELEGABLE DUTIES Under New York law, property owners cannot escape liability by delegating property management to others. As owner of the property, you: 1. Have a non-delegable duty to maintain common areas and structural elements 2. Are responsible for code compliance regardless of who operates the property 3. May be vicariously liable for the negligence of your agents and operators 4. Have actual or constructive notice of dangerous conditions through your control of the property [If multiple dwelling]: Under Multiple Dwelling Law Section 78, you have a statutory duty to maintain the premises in good repair and free from conditions dangerous to life, health, or safety. [If aware of Airbnb use]: Your knowledge that this property was being used as a short-term rental imposed heightened duties to ensure the safety of transient guests unfamiliar with the premises. INSURANCE DEMAND Please immediately provide: 1. Your homeowner's or landlord liability insurance policy information 2. Any umbrella or excess liability coverage 3. Information about any coverage provided by Airbnb for hosts operating on your property DAMAGES AND DEMAND My total damages exceed $[Amount]. I demand your insurance carrier contact me within 15 days to discuss resolution. If I do not receive a response, I will file suit against you personally and pursue all available remedies. [Your Name] [Contact Information]
Evidence Preservation Letter to Airbnb
[Date] Airbnb, Inc. Legal Department 888 Brannan Street San Francisco, CA 94103 Via Email: legal@airbnb.com And Certified Mail RE: LITIGATION HOLD AND EVIDENCE PRESERVATION DEMAND Property: [Address] Reservation ID: [Confirmation Number] Guest: [Your Name] Incident Date: [Date] Dear Legal Department: I was injured while staying at an Airbnb property on [Date]. I anticipate filing claims against the host and potentially Airbnb. This letter constitutes a formal litigation hold. PRESERVATION DEMAND Please immediately preserve and do not destroy, delete, or alter: 1. LISTING INFORMATION - Complete listing for this property (all historical versions) - All photos uploaded by host - Safety features claimed in listing - All reviews (including removed/hidden reviews) 2. HOST ACCOUNT DATA - Host's complete account history - All properties listed by this host - Prior complaints or incidents involving this host - Host verification and background check information 3. COMMUNICATIONS - All messages between me and the host - All messages between the host and other guests mentioning safety issues - Internal Airbnb communications regarding this host or property 4. INSURANCE RECORDS - Host Protection Insurance policy applicable to this reservation - Any prior claims under this policy for this host or property 5. INCIDENT REPORTS - Any reports filed regarding injuries at this property - Safety team investigations involving this host Failure to preserve this evidence may result in spoliation sanctions and adverse inferences. Please confirm receipt of this preservation demand within 10 business days. [Your Name] [Contact Information]
Attorney Services for New York Vacation Rental Injuries

Vacation rental injury claims involve complex issues of multi-party liability, platform arbitration requirements, insurance coverage, and New York's unique regulatory framework. An experienced attorney can maximize your recovery.

Fee Options
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Demand Letter Only
$450
Flat fee for professionally drafted demand letter with New York legal citations, evidence preservation demands, and 30-day negotiation window
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Hourly Consultation
$240/hr
For case evaluation, strategy sessions, document review, or limited scope representation
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Contingency Fee
33-40%
No fee unless you recover. 33% if settled pre-suit, 40% if litigation or arbitration required. I advance all costs.
What I Handle in Vacation Rental Injury Cases
  • Multi-party claims: Identifying and pursuing all responsible parties (host, owner, property manager, platform)
  • Evidence preservation: Immediate preservation demands before listings are modified or communications deleted
  • Public records search: DOB violations, HPD records, ACRIS ownership, registration status
  • Insurance coverage: Identifying all applicable policies including Airbnb Host Protection Insurance
  • Arbitration strategy: Navigating Airbnb's mandatory arbitration to access coverage
  • Litigation: Filing suit in New York Supreme Court against hosts and owners
Injured at a New York Airbnb or Vacation Rental?

Evidence disappears quickly. Listings change, reviews are hidden, and hosts may repair dangerous conditions. Contact me immediately to preserve your rights.

Schedule Free Consultation
Frequently Asked Questions

Multiple parties may be liable depending on the circumstances:

  • Property owner: For dangerous conditions they knew or should have known about
  • Host/operator: If different from the owner, for conditions within their control
  • Property management company: For negligent maintenance within scope of duties
  • Airbnb/VRBO: In limited circumstances, for negligent vetting or failure to enforce safety standards
  • Third-party contractors: For negligent work (e.g., faulty electrical installation)

Personal injury claims: 3 years from the date of injury under CPLR Section 214.

Breach of contract claims: 6 years under CPLR Section 213, if the rental agreement included safety representations.

Wrongful death claims: 2 years from date of death under EPTL Section 5-4.1.

Not necessarily. New York courts strictly construe liability waivers:

  • Under General Obligations Law Section 5-326, waivers for places of recreation may be void
  • Waivers cannot release gross negligence or reckless conduct
  • Ambiguous language is interpreted against the drafter
  • An experienced attorney can often find arguments to overcome the waiver

The Multiple Dwelling Law (MDL) applies to buildings with three or more residential units. MDL Section 78 requires owners to maintain premises free from conditions dangerous to life, health, or safety.

If your injury occurred in a multiple dwelling, an MDL violation can establish negligence per se, making it easier to prove the owner's liability without having to prove they failed to act reasonably.

NYC has strict regulations. Local Law 18 of 2022 requires hosts to register with the city and prohibits rentals under 30 days unless the host is present during the stay.

Many Airbnb listings in NYC violate these rules. If your host was operating illegally, this may strengthen your injury claim as evidence of negligent or reckless conduct.

New York allows recovery of:

  • Economic damages: Medical expenses, lost wages, future medical care
  • Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life
  • Punitive damages: If the host's conduct was reckless or willful

New York does not cap non-economic damages in most personal injury cases.