Property owner liability under Texas premises law
Texas vacation rental injury law: When you are injured at an Airbnb, VRBO, or other short-term rental property in Texas, the property owner owes you a duty of care under Texas premises liability law. Texas maintains the traditional invitee/licensee/trespasser framework, meaning your status as a paying guest affects the duty owed to you.
This guide covers Texas-specific landowner duties, how to identify liable parties, building evidence for your claim, and drafting demand letters that comply with Texas law and the 2-year statute of limitations under Tex. Civ. Prac. & Rem. Code Section 16.003.
I handle Texas vacation rental injury demand letters personally. These cases require careful analysis of property owner duties, host responsibilities, and platform agreements to maximize your recovery.
Texas premises liability law imposes different duties on landowners based on the visitor's status. Understanding these categories is essential for vacation rental injury claims.
Texas courts classify visitors into three categories, each with different duties:
| Visitor Status | Definition | Landowner's Duty |
|---|---|---|
| Invitee | Person on property for mutual benefit (includes paying guests) | Duty to inspect for hidden dangers and warn or make safe |
| Licensee | Person on property with permission but not for owner's benefit | Duty to warn of known hidden dangers |
| Trespasser | Person on property without permission | Duty to refrain from willful injury |
To recover for injuries at a Texas vacation rental, you must prove:
You have 2 years from the date of your injury to file a lawsuit against the property owner or other responsible parties. This deadline is strict under Texas law.
Under Tex. Civ. Prac. & Rem. Code Section 33.001, Texas follows a 51% bar rule:
Vacation rental injuries may involve multiple potentially liable parties. Identifying all responsible parties maximizes your recovery options.
The landowner has primary premises liability duty to maintain safe conditions for invitees. This is typically your primary defendant.
If the Airbnb host is different from the property owner (e.g., a tenant subletting), the host may have separate duties based on their control of the property.
Professional property managers who handle maintenance, cleaning, and guest relations may be liable for negligent management or failure to address known hazards.
Third-party contractors who performed negligent repairs, installed defective equipment, or failed to properly maintain the property.
Pool maintenance companies may be liable for pool chemical injuries, defective equipment, or failure to maintain safe pool conditions.
If your injury occurred in a common area (lobby, parking, fitness center), the HOA or condo association may have separate premises liability.
Platforms like Airbnb and VRBO generally position themselves as technology intermediaries, not property operators. This creates challenges for direct platform liability:
However, platforms may have liability in narrow circumstances:
Drownings, near-drownings, slip and falls on wet surfaces, chemical burns, electrocution from faulty wiring, missing or broken gates/fencing.
Broken railings, loose steps, inadequate lighting, unstable decks, rotten wood, missing balusters that allow falls.
Missing or non-functional smoke detectors, no carbon monoxide alarms, faulty heating systems, blocked fire exits.
Exposed wiring, overloaded circuits, faulty outlets near water, improperly installed DIY electrical work.
Slippery surfaces, scalding water, broken grab bars, mold and mildew, loose tiles, glass shower doors.
Broken locks, no deadbolts, inadequate lighting, unsecured sliding doors, allowing criminal entry and assault.
Strong documentation is critical for vacation rental injury claims. Properties are quickly repaired, listings are modified, and memories fade. Act quickly to preserve evidence.
Document the hazard from multiple angles, the surrounding area, lighting conditions, any warning signs (or lack thereof), and your visible injuries.
Capture the Airbnb/VRBO listing including all photos, amenity descriptions, safety disclosures, and host representations before they are modified.
Screenshot or export all messages with the host through the platform, including any discussion of the hazard, your injury, or property conditions.
Write down exactly what happened while fresh in your memory: date, time, location within property, weather, lighting, and how the injury occurred.
Send a preservation letter to the property owner demanding they retain:
Open by establishing that the injury occurred in Texas, Texas law governs the claim, and note the 2-year statute of limitations under Tex. Civ. Prac. & Rem. Code Section 16.003.
Establish that you were a paying guest (invitee) entitled to the highest duty of care under Texas premises liability law. Reference your booking confirmation and payment records.
Provide specific details about the hazard: what it was, where it was located, why it was dangerous, and whether it was hidden or open and obvious. Include photographs.
Prove the owner knew or should have known of the hazard. Evidence includes prior guest complaints, obvious deterioration, industry standards for inspection, or duration of the condition.
Explain how the owner failed to warn you or make the condition safe. Reference what a reasonable property owner would have done: regular inspections, repairs, warnings, safety equipment.
Connect the dangerous condition directly to your injury. Itemize all damages: medical expenses, lost wages, pain and suffering, and future medical care needs.
Anticipate arguments that you were at fault (should have seen the hazard, acted carelessly) and rebut them. Explain why the hazard was hidden or why your conduct was reasonable.
Provide a specific dollar demand and deadline for response (typically 30 days). Warn that litigation will follow if no reasonable settlement is offered.
I personally draft and negotiate Texas vacation rental injury demand letters for clients injured at Airbnb, VRBO, and other short-term rental properties throughout Texas.
I evaluate your claim under Texas law, identify all potentially liable parties, and assess comparative fault exposure.
I prepare comprehensive demand letters citing Texas statutes, establishing landowner duties, and documenting your damages.
I send preservation demands to property owners before hazards are repaired and listings are modified.
I negotiate with property owners, management companies, and their insurance carriers to maximize your recovery.
I handle Texas Airbnb and VRBO injury demand letters personally. Contact me for a case evaluation.
Email: owner@terms.lawUnder Texas premises liability law, landowners owe different duties based on visitor status. Airbnb and VRBO guests are typically invitees, meaning the property owner must inspect for hidden dangers and either warn guests or make the property reasonably safe. This is the highest duty of care under Texas law.
Airbnb and VRBO are typically platforms that connect guests with hosts and are generally protected from direct premises liability. Your primary claims are against the property owner, host, or property manager. However, you may have insurance claims through Airbnb's Host Protection Insurance, which provides up to $1 million in liability coverage for covered incidents.
Texas has a 2-year statute of limitations for personal injury claims under Tex. Civ. Prac. & Rem. Code Section 16.003. You must file your lawsuit within 2 years of the date of your vacation rental injury. This applies to premises liability claims against property owners, hosts, and management companies.
Yes. Texas follows modified comparative fault under Tex. Civ. Prac. & Rem. Code Section 33.001. You can recover damages only if you are 50% or less at fault. If you are found 51% or more responsible for your injury, you recover nothing. Defendants will argue you should have noticed the hazard or acted more carefully.
Essential evidence includes photographs of the hazard, your booking confirmation and rental agreement, incident reports, witness statements, medical records, and any communications with the host about the dangerous condition. Screenshot the listing before it is modified and request preservation of all property records.
Property owners are primarily liable for pool injuries under Texas premises liability law. Texas has specific pool safety requirements including fencing and gate requirements. Owners who fail to maintain safe pools, provide proper warnings, or comply with local safety ordinances may be liable. Property managers and pool maintenance companies may share liability for their negligence.