"Not to worry, I have insurance:" The risks that insurance might not save you from

"Not to worry, I have insurance:" The risks that insurance might not save you from

Collin HaysBusiness Member
Property Manager · Gatlinburg, TN · Member since 2020 · 3k+ posts · 4k+ votes

When we invest in a vacation rental, it’s easy to get caught up in the excitement of a new and novel enterprise. What could be more fun than outfitting a cabin with cool furniture, adding a Keurig, and hanging the proverbial shingle on Airbnb: “We’re here!”

But the less glamorous part of owning a vacation rental is protecting guests from serious—and sometimes obvious—hazards.

A friend of mine had a claim about two months ago after a 400-pound man fell through his deck. Fortunately, the property was insured and the claim was settled.

What concerns me more is gross negligence: serious, known—or readily discoverable—risks that an owner consciously ignores. Depending on the policy and circumstances, that kind of conduct can create major liability and may jeopardize insurance coverage.

What might that look like?

  • Ignoring large wasp nests or beehives until a guest or child is stung repeatedly, possibly with fatal consequences.
  • Failing to address bats, rodents, or other pests that may carry rabies or disease.
  • Ignoring electrical hazards near hot tubs, pools, bathtubs, showers, or sinks—places where electricity and water can become a deadly combination.
  • Leaving slippery stairs, protruding nails, rotting deck boards, loose handrails, or deteriorated balconies unrepaired.
  • Continuing to rent after a guest, cleaner, or maintenance worker has reported a dangerous condition.

The key word is ignoring.

Saying, “I live 500 miles away and didn’t know,” may not be much of a defense if reasonable inspections and maintenance would have uncovered the danger. Distance does not eliminate an owner’s responsibility to establish a reliable system for inspecting, reporting, documenting, and correcting hazards.

You may not personally see every loose railing or rotting board, but someone should be regularly looking for them—and you should be able to show what was inspected, when it was inspected, and what was done about any problems.

When—not if—you eventually have a claim, the injured party, attorneys, insurance companies, and possibly a court will examine whether you acted reasonably as the property’s owner. They will want to know whether the danger was known, whether it should have been discovered, and whether you took timely steps to correct it.

Beautiful photographs and five-star amenities attract guests. A disciplined inspection and maintenance program protects them—and may protect your entire investment.

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G. Brian DavisPro Member
Investor · Hatboro, PA · Member since 2016 · 3k+ posts · 867 votes
1mo

t’s better to fix a problem before someone gets hurt. You can’t catch everything, especially with a vacation rental, but someone should be checking the property regularly and taking care of problems when they come up.

A bad deck or loose railing might not seem like a big deal until a guest gets hurt. Good insurance is important, but I’d rather fix the problem than have to rely on insurance after something goes wrong.

See this reply in the discussion

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  • Mike GrudzienPro Member
    Lender · Eugene, OR · Member since 2019 · 2k+ posts · 1k+ votes
    1mo

    Collin: As always, wise words!

  • G. Brian DavisPro Member
    Investor · Hatboro, PA · Member since 2016 · 3k+ posts · 867 votes
    1mo

    t’s better to fix a problem before someone gets hurt. You can’t catch everything, especially with a vacation rental, but someone should be checking the property regularly and taking care of problems when they come up.

    A bad deck or loose railing might not seem like a big deal until a guest gets hurt. Good insurance is important, but I’d rather fix the problem than have to rely on insurance after something goes wrong.

  • Andrew SteffensBusiness Member
    Tampa, FL · Member since 2022 · 3k+ posts · 3k+ votes
    1mo

    Anybody can sue anyone over just about anything.  They may not win, but a lot of the pain is the process.  That to me is a huge upside of liability coverage.  Also, always CYA - there is a reason coffee cups say CAUTION HOT and there are do not eat warnings on paint cans.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    1mo

    the 400 lb person brings back not so great memories those are the only times I have either been sued or threatened.

    One was not a STR but a home we remodled and the 400 pounder broke the plastic shower pan .. and of course with plumbing supplies not all are stamped state approved like this one was bought at home depot.. we had to settle for 3k and attornies fees and now only buy those items that are stamped state approved you dont know this until it happens. this one I paid for was not an insurance claim

    then in Jackson MS morbidly obese lady hurts herself when the toilet she was using fell through the floor into the crawl space.. not sure how we could have mitigated that one. same with this one just gave her some money.

    Also in Philly we had someone walking by the front of our row house and just happens to slip on ice.. that one I did turn over to insurance and they settled for 15k and this was on the sidewalk in front of the house. :) ambulance chaser I am sure.

  • Saint Paul, MN · Member since 2015 · 57 posts · 33 votes
    1mo

    I think the documentation piece is especially important here. Fixing the loose railing obviously matters most, but after an injury there can be a big difference between saying “we inspect the property regularly” and being able to show when it was inspected, what was found, and when it was corrected.

    With STRs, especially remotely managed ones, I think routine inspections and documentation need to become part of the operating system, just like turnovers and guest communication. Insurance is important, but it shouldn't be the risk management plan.

  • Michael BaumPro Member
    Olympia, WA · Member since 2016 · 8k+ posts · 7k+ votes
    1mo

    Maintenance is the key. We do a run through on our lake house 2-3x a year. We have caught all of the things that needed repair.

    Also, our guests are pretty good about telling us about something they might have broken or something that broke when they were using it, like the hand railing mount going upstairs.

  • Real Estate Consultant · Destin, FL · Member since 2026 · 14 posts · 13 votes
    1mo

    Collin,

    This is one of those subjects where the sentence, "Not to worry, I have insurance," ought to make every property owner a little nervous.

    Because insurance and responsibility are two entirely different animals.

    Insurance is a financial instrument.

    It is not a moral exoneration clause.

    It doesn't transform a dangerous property into a safe one any more than carrying a parachute turns a bad pilot into a good one.

    And I think there's a deeper issue here than the obvious hazards you've already laid out.

    It's the psychology of ownership.

    The moment you buy an income-producing property, particularly a vacation rental where strangers are sleeping, cooking, bathing, swimming, climbing stairs and generally finding creative ways to interact with the physical world, you haven't merely acquired an asset.

    You've acquired custody.

    Someone is trusting you with their family's physical safety in exchange for money.

    That's a different obligation than maintaining a spreadsheet.

    And this is where I think distance becomes such a dangerous illusion.

    An owner in California can own a cabin in Tennessee and tell himself, quite sincerely, "I didn't know about the rotten deck board."

    Fine.

    But the more important question isn't necessarily whether you personally knew.

    It's whether you had built a system that was capable of knowing.

    That's a very different question.

    If you own a property 500 miles away, you don't get to outsource your responsibility simply because you outsourced the inspection.

    You have to build the machine.

    Someone has to inspect it.

    Someone has to report what they find.

    Someone has to determine what requires immediate attention.

    Someone has to fix it.

    Someone has to document the repair.

    And somebody—ultimately the owner—has to make sure that process actually exists.

    That's what I find so interesting about serious ownership.

    The best owners aren't necessarily the people who know every detail themselves.

    They're the people who have constructed systems in which important details cannot easily disappear.

    That's management.

    And there's another uncomfortable truth here.

    A lot of owners are extraordinarily diligent when the problem affects revenue.

    Air conditioner broken?

    Emergency.

    Hot tub not working?

    Get somebody there.

    Guest complains about the Wi-Fi?

    Apparently we're launching NASA.

    But a loose railing, deteriorating deck board or electrical issue can get mentally categorized as something that can wait until next Tuesday.

    Until Tuesday becomes next month.

    Until next month becomes the deposition question:

    "When did you first become aware of this condition?"

    That's a rather different Tuesday.

    And that's why I like your distinction around the word ignoring.

    Because accidents are going to happen.

    You can inspect a property properly on Monday and have something break on Tuesday.

    That's ownership.

    You cannot eliminate risk.

    What you can eliminate—at least to a considerable degree—is the negligence of knowing there is a problem and deciding that the inconvenience of fixing it is greater than the inconvenience of somebody getting hurt.

    That's not risk management.

    That's gambling with somebody else's bones.

    And I would add one more thing to your list:

    Document the boring stuff.

    Not because you're trying to build a legal defense file for every loose screw in the cabin.

    Because documentation is evidence that your operation has a memory.

    Inspection dates.

    Maintenance reports.

    Guest complaints.

    Work orders.

    Photographs.

    Repairs.

    Follow-ups.

    If somebody reports a dangerous condition on Tuesday and it's repaired Wednesday, that's one story.

    If somebody reports it Tuesday and nobody can tell you what happened afterward, that's an entirely different story.

    The irony is that none of this is particularly glamorous.

    Nobody puts "quarterly railing inspection" on Instagram.

    Nobody gets excited about a maintenance log.

    Nobody builds a LinkedIn post around replacing a deteriorated deck board before somebody falls through it.

    But that's precisely what separates owning an asset from merely collecting checks from one.

    The beautiful cabin is the advertisement.

    The five-star review is the advertisement.

    The hot tub and the mountain view are the advertisement.

    The inspection system nobody ever sees is the business.

    And ultimately, that's the part that protects everything else.

    Because insurance may help pay for what happens after something goes wrong.

    It cannot go backward in time and make the decision to ignore the problem a responsible one.

    That's why I'd never want to hear an owner say,

    "Not to worry. I have insurance."

    I'd much rather hear:

    "Not to worry. We have a system."

    The first one is a policy.

    The second one is ownership.

    -DC Dobbs

    Gulf Coast Emerald, LLC

  • Stuart UdisPro Member
    Attorney · Philadelphia · Member since 2018 · 2k+ posts · 3k+ votes
    1mo

    Great post. It is important to understand the standard of care required under your general liability policy.

    More broadly, risk management has been reduced to questions like: How can I use LLCs and complicated entity structures to hide my identity and assets? Isn't an umbrella policy sufficient? Considerable money is spent preparing for what happens after a liability event occurs, while completely ignoring what can be done through the day-to-day operation of the business to prevent many of those events from occurring in the first place.

    What most people fail to understand is that many of the “trendy” asset-protection strategies sold by gurus are impractical and do not stand up to the realities of how conflicts, disputes and claims are actually resolved in the context of owning real estate.

    The owner who proactively addresses premises liability exposures, is organized, collects additional insured endorsements and executes contracts containing risk-shifting and indemnification provisions greatly reduces the likelihood of claims occurring and when they do occur, is ultimately much better prepared to resolve the claim efficiently and cost effectively, often able to utilize the insurance coverage of a transaction participant rather than their own.

    That person is in a far better position than the owner who spends endlessly trying to hide behind layers of secrecy, but repeatedly gets caught up in claims, spends significant time and energy resolving them, gets pulled away from revenue-generating activities, struggles to maintain affordable insurance and ultimately operates a less profitable business.

  • Rental Property Investor · Stewartsville, NJ · Member since 2016 · 419 posts · 280 votes
    1mo

    All great info. My checklist is:

    Regular inspections by contractors (incentivized to find things vs. other people who are not).
    Scheduled yearly inspection maintenance of heating/cooling/fireplace and keep records.

    Insurance

    Umbrella Insurance

    Rental agreement with liability waiver

    Visiting the property yourself each year to ensure things are on track.

    Outdoor security camera face driveway/door with audio disabled.

    • Collin HaysBusiness Member
      OP
      Property Manager · Gatlinburg, TN · Member since 2020 · 3k+ posts · 4k+ votes
      1mo
      Quote from @Mike Shemp:

      All great info. My checklist is:

      Regular inspections by contractors (incentivized to find things vs. other people who are not).
      Scheduled yearly inspection maintenance of heating/cooling/fireplace and keep records.

      Insurance

      Umbrella Insurance

      Rental agreement with liability waiver

      Visiting the property yourself each year to ensure things are on track.

      Outdoor security camera face driveway/door with audio disabled.


      Agree, but visiting the property once per year isn't going to get it done, assuming you are self-managing.  "That handrail was just fine a year ago."  Quarterly inspections minimum. 

  • Property Manager · Melbourne, FL · Member since 2019 · 353 posts · 150 votes
    1mo

    Don't leave the cleaner guessing whether a loose railing is safe. Let them stop the check in and get someone qualified out there. If every small repair needs five messages to the owner, stuff gets put off.

  • Rental Property Investor · Central PA · Member since 2026 · 20 posts · 11 votes
    1mo

    Definitely a concern. For insurance, hopefully you never have to use it, and when you do, hopefully they aren't slimy. Any national companies you all use and have had exceptionally good experiences with when it came to paying claims?

  • Collin HaysBusiness Member
    OP
    Property Manager · Gatlinburg, TN · Member since 2020 · 3k+ posts · 4k+ votes
    1mo

    Funny I literally just posted this days ago, and what was in Saturday's mail but a demand letter for an alleged slip, fall, and broken ankle at one of my properties.  

  • Diana KhanPro Member
    Attorney · 10451 Mill Run Cir #755 Owings Mills, MD 21117 · Member since 2024 · 555 posts · 194 votes
    1mo
    Quote from @Collin Hays:

    When we invest in a vacation rental, it’s easy to get caught up in the excitement of a new and novel enterprise. What could be more fun than outfitting a cabin with cool furniture, adding a Keurig, and hanging the proverbial shingle on Airbnb: “We’re here!”

    But the less glamorous part of owning a vacation rental is protecting guests from serious—and sometimes obvious—hazards.

    A friend of mine had a claim about two months ago after a 400-pound man fell through his deck. Fortunately, the property was insured and the claim was settled.

    What concerns me more is gross negligence: serious, known—or readily discoverable—risks that an owner consciously ignores. Depending on the policy and circumstances, that kind of conduct can create major liability and may jeopardize insurance coverage.

    What might that look like?

    • Ignoring large wasp nests or beehives until a guest or child is stung repeatedly, possibly with fatal consequences.
    • Failing to address bats, rodents, or other pests that may carry rabies or disease.
    • Ignoring electrical hazards near hot tubs, pools, bathtubs, showers, or sinks—places where electricity and water can become a deadly combination.
    • Leaving slippery stairs, protruding nails, rotting deck boards, loose handrails, or deteriorated balconies unrepaired.
    • Continuing to rent after a guest, cleaner, or maintenance worker has reported a dangerous condition.

    The key word is ignoring.

    Saying, “I live 500 miles away and didn’t know,” may not be much of a defense if reasonable inspections and maintenance would have uncovered the danger. Distance does not eliminate an owner’s responsibility to establish a reliable system for inspecting, reporting, documenting, and correcting hazards.

    You may not personally see every loose railing or rotting board, but someone should be regularly looking for them—and you should be able to show what was inspected, when it was inspected, and what was done about any problems.

    When—not if—you eventually have a claim, the injured party, attorneys, insurance companies, and possibly a court will examine whether you acted reasonably as the property’s owner. They will want to know whether the danger was known, whether it should have been discovered, and whether you took timely steps to correct it.

    Beautiful photographs and five-star amenities attract guests. A disciplined inspection and maintenance program protects them—and may protect your entire investment.

    @Collin Hays, your update about getting the demand letter really shows how quickly this goes from a maintenance issue to a legal issue. From working with property owners, one thing I’ve learned is that once a claim comes in, I would stop looking at the situation only as “Was the property safe?” and start thinking about preserving the full history of what happened.

    I would want the inspection records, maintenance requests, repair invoices, photos, messages from guests or vendors, and anything showing when the condition was first reported and what happened after that. I would also be very careful about changing or cleaning up records after the fact. Even something that seems harmless can create questions later about what existed before the claim came in.

    And I would notify the insurance carrier and get local counsel involved early rather than trying to handle the demand informally first. I’ve seen how much easier it is to understand a claim when the owner already has a clear paper trail instead of trying to rebuild the story months later.

    Since this happened in Tennessee, I would definitely work with a Tennessee attorney on the specific claim.

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