Injured at a Vacation Rental? Understanding Your Legal Rights

Many people visit Charleston for the coastal beaches, looking for an opportunity to get away from the hustle and bustle of everyday life. If you have suffered an injury at a vacation rental, you may be dealing with thousands of dollars in medical bills and lost earnings. You have legal rights that are worth protecting, allowing you to recover for financial, physical, and emotional damages.

At The Law Office of Mark C. Tanenbaum, P.A., our Charleston personal injury attorneys are committed to helping you recover maximum compensation. If you have suffered an injury due to an unsafe condition at a vacation rental, our legal team is happy to assist you.

The Right to Seek Compensation From the At-Fault Party or Parties

In South Carolina, property owners have a duty to keep their property reasonably safe and to warn visitors of potential hazards. A vacation rental injury may be caused by collapsing furniture, buckling carpets or uneven flooring, or structural defects. This can lead to significant injuries, which can be costly to treat.

Under the law, you have a right to seek compensation for your injuries if the following elements are present:

• The at-fault party failed to remedy the rental property hazard
• Their negligence directly caused your injury
• You suffered measurable losses, which may include lost earnings, medical expenses, and pain and suffering.

Depending on the circumstances, the following parties may be found negligent:

• The rental property owner
• The property manager or a property management company
• Cleaning crew (i.e., leaving floors slippery after cleaning or failing to report a property defect)

You Have the Right to Recover Damages

Damages are any losses that you incurred due to your injury. Anytime you file a personal injury suit, you attempt to recover damages, which may be economic, non-economic, or, in rare cases, punitive.

Economic Damages

Economic damages are financial losses that take money out of your bank account. In a vacation rental accident, these may include:

• Lost earnings
• Hospitalizations
• Surgeries and/or treatments
• Rehabilitative therapies
• Mobility aids
• Home modifications (if you have suffered long-term or permanent disability)

Non-economic Damages

Conversely, non-economic damages are intangible losses that impact your quality of life, but have no price tag attached. In a vacation rental accident, these may include:

• Pain and suffering
• Infliction of emotional distress
• Disfigurement and/or scarring
• Post-traumatic stress disorder (PTSD)
• Permanent disability
• Loss of consortium (derivative claim, brought by a spouse, not the claimant)

Punitive Damages

Punitive damages are designed to punish the offender and make an example of deterrent behavior to the rest of society, not to recover for actual losses. Punitive damages are more challenging to recover, given that they come with a stricter standard of proof. These damages involve proving that the property owner’s conduct was “willful, wanton, or reckless,” by meeting the clear and convincing evidence standard.

As the plaintiff, you must prove that the facts are highly probable, convincing the fact finder that the statements are true. State law caps punitive damages at the greater of three times the compensatory damages awarded or a statutory dollar amount, which is adjusted annually for inflation and is currently $739,245 per defendant as of 2026.

Evidence in a Vacation Rental Injury Claim

The following types of evidence may be used in a vacation rental injury claim:

• Photographs of the defect or hazard
• Video footage of your accident
• Maintenance reports detailing the hazard and a request to fix it
• Incident report filed with the property manager
• Eyewitness statements
• Medical records, including CT scans, X-rays, MRIs, and other imaging, to document the severity of your injury

Our team of attorneys will help you compile evidence to strengthen your claim. Strong evidence will demonstrate how the liable party’s behavior is linked to your injury and what damages you sustained as a result.

Contact Our Charleston Personal Injury Lawyers Today

If you or a loved one has suffered an injury at a vacation property rental, our Charleston personal injury lawyers can help you file a claim. Understanding your recovery options can be overwhelming, especially when you are trying to physically heal. At The Law Office of Mark C. Tanenbaum, P.A., we want you to know that we are by your side, whether you accept an insurance settlement or a jury award. To get started, contact us online or by calling (843) 577-5100 at your earliest opportunity.