Spartanburg draws visitors to its downtown, centered around Morgan Square, as well as to events like the Spartanburg International Festival and Hub City Hog Fest. The city also attracts business travelers through its manufacturing economy, while the growth of short-term rentals has helped accommodate these visitors.
When a guest is hurt at an Airbnb or vacation rental because of an unsafe condition, South Carolina premises law may allow a claim against the host, but these cases add a layer most premises claims do not: platform insurance and the question of which coverage applies.
The Arndt Law Firm represents guests injured at short-term rentals throughout Spartanburg and Spartanburg County, helping them pursue available insurance coverage. Call us at (843) 310-4645 to speak with our attorney and learn about your options. Your initial consultation is free.
A paying guest at a short-term rental occupies a position South Carolina premises law treats favorably. A paying guest is an invitee, the class of entrant that South Carolina protects most. The host owes an invitee the duty of exercising reasonable or ordinary care for the guest’s safety, which includes inspecting for hazards, correcting dangerous conditions, and warning of dangers that cannot be corrected.
A host who rents a property to strangers is responsible for ensuring that the stairs are sound, the railings secure, the smoke and carbon monoxide detectors functional, the walkways clear, and any amenities like pools, hot tubs, decks, and grills are reasonably safe.
A host cannot simply hand over the keys and disclaim responsibility for the property's condition; the duty to provide reasonably safe premises runs with the rental. A waiver in a rental agreement or a posted notice does not erase this duty.
South Carolina courts do enforce liability waivers, but they disfavor them and construe them strictly against the party relying on them, and a release written so broadly that it purports to excuse injury ‘for any reason’ can be void as against public policy. Whether the waiver in your rental agreement actually bars your claim is worth having reviewed rather than assumed either way.
The host's duty is heightened by the nature of short-term rentals. Guests are unfamiliar with the property, do not know where hazards lie, and rely entirely on the host to have addressed them, which makes the host's duty to inspect and warn particularly important.
A loose step that a long-term resident would learn to avoid is a genuine danger to a guest who has never seen it, and the law accounts for that reliance in measuring what the host owed. This reliance runs counter to the defense that a guest should have noticed and avoided a hazard, since a guest arriving at an unfamiliar property and navigating rooms and stairs they have never seen is not in the same position as someone who knows the space.
This is why a host's duty to inspect before each guest arrives matters so much. Between rentals, a host has the opportunity and the responsibility to check that the property remains safe, to identify any hazards that have developed, and to address them or warn about them before a new guest, who has no way of knowing the property, takes occupancy.
A host who skips that inspection, or who knows of a hazard and rents the property anyway without warning the guest, has failed in exactly the duty the law imposes. Because the guest's reliance on the host is so complete, the host's diligence in keeping the property safe between bookings is central to whether a short-term rental injury was preventable, and establishing what the host did or failed to do before the guest arrived is an important part of the claim.
Spartanburg's mix of activity shapes the short-term rental landscape and the injuries that arise within it. The revitalizing downtown around Morgan Square, the area's events and attractions, and the business travel generated by the BMW plant and the broader manufacturing economy all draw visitors who stay in short-term rentals, and this growth has fueled demand for them.
The guests who fill these rentals are often visitors unfamiliar with both the property and the area. Guests reach Spartanburg rentals along I-85, I-26, US-29, and US-176, and many are traveling from out of state.
This visitor pattern adds a practical dimension to a short-term rental injury claim. A visitor injured at a rental may return home, sometimes a considerable distance away, before addressing the claim. This makes prompt documentation of the hazard and the injury especially important before the guest leaves the area and the property is turned over to the next booking.
Short-term rental injuries stem from a variety of hazards, many of which are tied to the features that make these properties appealing. Slips and falls are the most common, from defective or poorly lit stairs, slippery surfaces, uneven flooring, and unsecured rugs. A fall on a defective stairway can cause serious injury, particularly to a guest unfamiliar with the layout.
Water features and amenities are a frequent source of serious injuries. Swimming pools and hot tubs carry drowning and slip risks, particularly when they lack required safeguards or are poorly maintained, and decks, balconies, and porches can fail when they are not properly built or maintained. Grills, fire pits, and outdoor features add burn and injury risks that a host is expected to manage.
Other hazards may also lead to injuries. Carbon monoxide from faulty heating systems or appliances is a hidden and potentially fatal danger when detectors are absent or non-functional, and defective furniture, inadequate lighting, and unmarked hazards around the property can cause injuries to guests unfamiliar with the space.
Negligent security can also be an issue in a rental where foreseeable criminal activity was not reasonably addressed. Each of these turns on whether the host met the duty to provide a reasonably safe property.
What sets short-term rental injury claims apart from ordinary premises liability cases is the platform insurance that may apply. Airbnb provides host liability coverage, part of its AirCover for Hosts program, that offers up to one million dollars in coverage when a host is found legally responsible for a guest's injury during a stay booked on the platform.
This coverage applies automatically to bookings made through Airbnb and can be a significant source of recovery for an injured guest. Other platforms operate their own host liability programs, and their limits, triggers, and exclusions are not identical to Airbnb’s. The applicable policy has to be read.
The platform coverage generally applies only to stays booked through the platform, not to direct bookings arranged outside it, and applies only during the booking period, not before or after. It also contains exclusions, such as intentional harm and certain other categories, and because the policy is the platform's rather than the host's, the platform administers the claim. These features make the analysis of which coverage applies a real part of the case.
Beyond the platform coverage, the host may carry other insurance. Many hosts carry short-term rental policies or homeowners coverage, though standard homeowners policies often exclude short-term rental activity, which can create disputes about whether the host's personal insurance applies.
The available coverage determines what the injury can actually recover, so every potentially applicable policy, the platform coverage, the host's short-term rental or homeowner's policy, and any others must be identified early on.
The way these claims are administered creates its own challenges for an injured guest. Because the platform's coverage is the platform's policy rather than the host's, the platform controls how a claim is handled and how much it pays, and the injured guest is not a named insured with the usual policy rights.
A serious injury can also exceed the platform's coverage limit, leaving a gap that the host's own insurance, or another responsible party's, must fill. This coordination of multiple coverage sources is one of the features that most distinguishes a short-term rental injury claim from an ordinary premises case, where a single commercial policy is usually the whole picture. It’s important to understand how these layers fit together and pursue each one to prevent an injured guest from being limited to whatever the platform chooses to offer.
South Carolina follows modified comparative negligence under Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991): an injured guest recovers if 50 percent or less at fault, with the award reduced by that percentage, and recovers nothing if 51 percent or more at fault. A separate statute, S.C. Code § 15-38-15, governs how fault is divided among multiple defendants.
The host's insurer will look for any basis to assign fault to the guest, such as arguing the guest misused an amenity or ignored an obvious hazard. As in any premises case, the open-and-obvious defense is common, with the insurer arguing the guest should have seen and avoided the hazard.
South Carolina courts consider whether a condition was open and obvious, but visibility does not automatically defeat the claim, particularly when the host created the hazard or the layout made avoidance impractical. A guest unfamiliar with the property is in a different position than someone who knows the space, which bears on what the guest could reasonably have been expected to notice.
Because a partial fault reduces the recovery and a majority fault defeats it, establishing the host's failure while minimizing any share attributed to the guest is central to the case. The guest's unfamiliarity with the property, the host's duty to warn of hazards, and the specific condition that caused the injury all bear on the fault analysis, and developing those facts is what protects the recovery from an inflated fault assignment.
The host is the primary defendant in most short-term rental injury claims, as the party responsible for the condition of the property and for meeting the duty owed to guests. But the host is not always the only responsible party, and identifying every potential defendant is part of building the case.
When the property is managed by a property management company, that company may share responsibility for maintenance and safety depending on its role. Other parties can bear responsibility depending on the circumstances.
A contractor whose defective work created a hazard, such as a poorly built deck or faulty wiring, can be liable, and a manufacturer can be held liable for a defective product like a heater that produced carbon monoxide. Where the rental is part of a larger building or community, the entity responsible for common areas may be a defendant when the injury occurred in a shared space.
A thorough investigation identifying the host, any management company, contractors, and the applicable insurance policies provides the foundation for a complete claim. It can make the difference between a recovery that accounts for the full extent of the harm and one limited to the first potentially responsible party identified.
A short-term rental injury suit arising in Spartanburg County is filed in the Court of Common Pleas for the Seventh Judicial Circuit, at the Spartanburg County Judicial Center, 180 Magnolia Street. Do not rely on older addresses; the county moved into the current judicial center in 2023.
A short-term rental injury in Spartanburg can result in more than an unexpected medical bill. If a host’s failure to maintain reasonably safe premises caused your injury, you may be entitled to compensation for the losses the injury caused. The value of a claim depends on the severity of the injury, the treatment required, the effect on your ability to work, and the circumstances surrounding the accident.
Medical expenses are a central part of a short-term rental injury claim. Depending on the injury, those costs can include emergency treatment, hospital care, diagnostic testing, surgery, medication, physical therapy, follow-up appointments, and other necessary treatment. If the injury requires continuing care, the claim may also account for reasonably supported future medical expenses.
An injury can also affect your ability to work. If you had to miss work because of an injury suffered at a Spartanburg Airbnb or other vacation rental, you may be able to seek compensation for lost income attributable to the injury. Damages may also account for a reduction in your future earning capacity when the injury affects your ability to continue working or earning at the same level.
For out-of-town guests, this can be especially significant. A visitor who is injured while traveling to Spartanburg may have to miss scheduled work after returning home, attend follow-up appointments, or remain unable to perform normal job duties. Documentation from your employer, wage records, and medical evidence can help establish how the injury affected your income.
Compensation may also be available for the physical pain and emotional suffering caused by the injury. Pain and suffering damages are intended to account for harms that do not come with a simple dollar amount, including the severity and duration of physical pain, limitations on normal activities, emotional distress, and the broader effect the injury has on daily life.
Punitive damages are different from compensation for medical expenses, lost income, and pain and suffering. They are not available simply because a host was negligent. Under S.C. Code § 15-32-520, punitive damages may be awarded only when the plaintiff proves by clear and convincing evidence that the harm resulted from the defendant’s wilful, wanton, or reckless conduct. Compensatory or nominal damages must first be awarded before punitive damages may be considered.
In a short-term rental case, whether the evidence reaches that heightened standard depends on the host’s specific conduct and the circumstances surrounding the hazard. Evidence that a host knowingly allowed a serious danger to remain unaddressed, for example, may be relevant to a punitive damages claim, but ordinary negligence by itself does not automatically justify punitive damages.
South Carolina also places statutory limits on punitive damages. Under S.C. Code § 15-32-530, the general limit is the greater of three times the compensatory damages awarded to the claimant or $500,000, subject to statutory exceptions.
The statute provides a higher limit in certain circumstances involving unreasonable financial gain and conduct known or approved by specified decision-makers, or conduct that could subject the defendant to a felony conviction. It also provides circumstances in which no cap applies, including certain intentional harm, felony conviction, and substantially impaired driving or drug-related situations.
Punitive damages require a higher evidentiary showing and are subject to specific statutory rules. They should be evaluated separately from the compensatory damages in a Spartanburg short-term rental injury claim.
The steps a guest takes after an injury at a short-term rental can determine whether a claim succeeds, and some are specific to the rental setting. The first priority is medical care, both for health and to document the injury at its source, which matters especially for a visitor who may be far from home and tempted to delay treatment until returning home.
Serious injuries in Spartanburg County are generally taken to Spartanburg Medical Center, a verified Level I Trauma Center. The emergency record created there is usually the earliest and strongest documentation of the injury.
Documentation is urgent because the property is not stationary. If you are able, photograph the hazard, the surrounding area, the lighting, and any missing safety features, such as detectors or railings before anything is changed, because the host may repair or alter the condition before the next guest arrives.
Report the injury to the host and through the booking platform, which creates a dated record and preserves the booking information that bears on which insurance applies. Note the names and contact information of anyone who witnessed the incident, including other guests.
In the days that follow, preserve the digital trail and be careful about communications. Keep the reservation confirmation, the listing as it appeared when you booked, and any messages with the host, all of which can establish the host's representations and what they knew.
Avoid giving a recorded statement to the host's insurer or the platform's representatives before understanding your rights, and keep a file of medical records and expenses. Because the property and its online listing can change quickly, and because an out-of-town guest may soon be far from the area, seeking advice early helps preserve evidence before it is altered or removed.
The filing deadline is three years under S.C. Code § 15-3-530, but the evidence needed to support the claim can become difficult to preserve long before that deadline expires.
| Coverage source | When it may apply | Notes |
| Platform host liability (e.g., AirCover) | Injury during a platform-booked stay where host is liable | Up to $1M; excludes intentional harm; platform administers |
| Host's STR or homeowner's policy | Depends on policy terms and rental activity | Standard homeowner's policies often exclude short-term rentals |
| Property manager's coverage | When a management company shared responsibility | Depends on the manager's role and contract |
| Contractor or manufacturer coverage | When defective work or a product caused the hazard | Adds another potential source of recovery |
Yes, if an unsafe condition caused your injury and the host failed in the duty to keep the property reasonably safe. A paying guest is generally owed the highest duty of care.
Airbnb's host liability coverage can provide up to one million dollars when the host is found legally responsible for a guest's injury during a platform-booked stay, subject to its terms and exclusions.
Platform coverage generally applies only to bookings made through the platform, so a direct booking may fall outside it, making the host's own insurance the relevant source.
The general deadline is three years from the injury under S.C. Code § 15-3-530(5). If the injured guest was under 18, the three-year clock is tolled during minority under S.C. Code § 15-3-40, and the case must be brought within one year after the disability ends. How that computation runs has been contested, so a minor’s deadline should be confirmed on the specific facts rather than assumed.
If a guest dies, the wrongful death claim runs three years from the date of death under S.C. Code § 15-3-530(6), not from the date of the negligent act.
Yes, as long as you were 50 percent or less at fault. Your recovery is reduced by your percentage, and barred at 51 percent or more.
The Arndt Law Firm approaches every Spartanburg short-term rental injury by establishing the host's duty under South Carolina premises law, documenting the hazard before the property is altered for the next guest, and identifying every applicable source of coverage, from the platform's host liability insurance to the host's own and any property manager's policy.
With experience representing insurance companies, Attorney Jonathan Arndt understands how insurers evaluate and challenge these claims and uses that insight to build stronger cases aimed at securing the coverage injured clients may be entitled to.
If you were hurt at a vacation rental in Spartanburg or anywhere in Spartanburg County, it’s best to act early and document everything before the next guest arrives. Then reach out to us for a free case review and to learn your options. Our firm handles rental injury cases on a contingency basis, which means you do not have to pay for an attorney’s fee unless there is a recovery.
Last reviewed: June 2026
This page was reviewed by Jonathan S. Arndt, licensed in South Carolina since 2018.
Content is provided for informational purposes only and does not constitute legal advice. Consult a licensed South Carolina attorney for guidance specific to your situation.
