Claims Relating to Holiday Injuries in Rented Accommodation

A holiday is meant to be a break from the stress of everyday life—but when something goes wrong in rented accommodation, it can leave you dealing with more than just disappointment. Whether it’s a fall on loose stairs, an injury from faulty appliances, or an accident caused by poor upkeep, it’s natural to feel upset and unsure of what to do next.

At John O’Leary Solicitors LLP, we’ve been helping individuals and families in Tallaght and across Dublin for over 20 years. We understand how frustrating it is when your time away turns into a painful setback—especially when the property should have been safe and properly maintained. You won’t get legal jargon or a hard sell from us. Just honest, practical advice from a local team who knows the area, takes the time to listen, and handles each case with care.

If you’ve been injured while staying in a rented house, apartment, B&B or holiday home, we’re here to help you understand your rights and explore your options—calmly, clearly and at your pace.

Contact John O’Leary Solicitors LLP today to speak with someone who genuinely cares and knows how to guide you forward.

Common Hazards in Short-term Let Properties

Staying in a rented property for a weekend or a short break should be easy, comfortable and safe. But when a property isn’t properly maintained or inspected between guests, it can quickly become a hazard. In our work across Tallaght and South Dublin, we’ve seen just how often preventable injuries happen in holiday accommodation—ranging from minor incidents to life-changing events.

Here are some of the most common dangers that give rise to claims:

Loose Stairs, Cracked Tiles & Uneven Flooring

Many older houses or self-catering flats are fitted with decorative tiles, laminate, or carpet-over-wood flooring—all of which can hide trip hazards. Stairs without secure rails or damaged steps are particularly dangerous. We’ve seen serious falls occur where a single tile was raised or a handrail wasn’t properly fixed.

Faulty Electrical Appliances

From fridges to cookers to bedside lamps, electrical items in rental properties often get used heavily and replaced infrequently. Some may even be second-hand. A cracked plug, exposed wiring, or flickering hob may seem harmless—until someone gets a burn, a shock, or an injury trying to avoid the hazard.

Broken Furniture & Collapsing Fixtures

Beds, bunks, chairs and fold-out couches are often reused between dozens of guests without proper checks. If a bed frame collapses in the middle of the night or a garden chair gives way, it can result in head injuries, sprains, or broken bones. These aren’t freak accidents—they’re signs of neglect.

Wet Floors & Poor Drainage

Bathrooms and kitchens in rented units are often where slips happen. We’ve encountered cases involving mouldy shower cubicles, slick tile floors with no grip surfacing, or water leaking from washing machines. One sharp fall can lead to months of physio—something no one expects on holiday.

Unsafe Balconies, Decking & Gardens

Outdoor spaces are regularly advertised as “extras” in rental listings, but they come with risks when not properly maintained. We’ve seen accidents where balcony rails were loose, decking was rotting through, or paving stones were uneven. A sunny terrace shouldn’t be the cause of a hospital visit.

Scalding from Hot Water Systems

Poor plumbing design or a lack of temperature regulation can lead to dangerously hot water from taps or showers. In several cases, guests have been badly scalded simply by turning on a bathroom tap that had no mixer valve or safety limiter.

Fire Hazards

Smoke alarms not fitted—or not working. Gas hobs leaking. Exits blocked by furniture. These issues are more common in short-term rentals than people realise. While a full fire may not occur, even minor burns or smoke inhalation injuries caused by poor setup may justify a claim.

Additional Risks in Shared Spaces

In flats or managed complexes, hazards may also exist in communal areas. This includes unsafe car parks, broken intercom doors, unlit stairwells, or trip hazards near bins or skips. Property managers are just as responsible for these areas as they are for the inside of the flat.

Holiday rentals are still subject to Irish safety standards. Just because you’re only staying for a few nights doesn’t mean you’re expected to accept conditions that could put you at risk. If your injury was caused by something that should have been fixed, contact us to discover what your options are

Legal Responsibility: Who’s Liable for a Holiday Rental Injury?

When you’re injured in a holiday home, one of the biggest challenges can be figuring out who’s actually responsible. With so many different types of properties and booking arrangements—private lets, Airbnb listings, serviced apartments, and more—it’s not always clear who holds the legal duty to keep the place safe.

In Irish law, this comes down to occupiers’ liability—the duty of care owed by the person or party in control of the property. The law expects that those responsible for a space where others are invited (or paying) to stay will take reasonable steps to ensure it’s safe. That means identifying and addressing hazards, performing regular maintenance, and acting promptly on any reported issues.

When the Owner Is Responsible

In many short-term rentals, the property is owned and managed by the same person. Whether it’s a private homeowner letting out a holiday cottage or a landlord offering a flat for weekend bookings, they are expected to:

Maintain fixtures and fittings in safe condition
Check for and fix hazards between guests
Comply with building, fire and safety regulations

If the injury was caused by something like a faulty bannister, a missing smoke alarm, or a collapsing bed—these are typically the owner’s responsibility, even if the stay was only for one or two nights.

When a Letting Agent or Management Company Is Involved

Some properties are managed by agencies or companies on behalf of the owner. In these cases, responsibility might be shared. If the agent was in charge of cleaning, maintenance, or guest communication, and failed to deal with a known issue, they may also be liable.

Likewise, if the property is part of a larger complex (such as serviced apartments or multi-unit blocks), the managing agent or block owner may have legal duties for communal areas like stairwells, lifts, or entrances.

Bookings Made Through Airbnb or Other Platforms

Booking websites like Airbnb or Booking.com typically act as intermediaries. While they don’t usually own or manage the properties, some claims may involve their liability—especially where they’ve allowed a clearly unsafe listing to stay live, or failed to act after repeated complaints. Each situation depends on the facts and the terms of use involved.

Why Responsibility Must Be Investigated Early

Often, more than one party may be involved:

The property owner
The property manager or cleaning service
The booking platform
The complex manager (for communal areas)

Identifying who holds legal responsibility is a crucial early step. That’s why prompt advice can make all the difference—especially if the owner lives abroad or communication goes cold once you leave the property.

Can I Bring a Claim After an Accident in a Rented Property?

Not every accident leads to a valid claim—but many do. The key is whether the injury was caused by something that could and should have been prevented. In Irish law, there are three main factors we look at when assessing a case. Each one plays a part in deciding if the property owner or manager may be held legally responsible.

1. Was the Hazard Something That Should Have Been Fixed?

This is where we look at the foreseeability of the accident. In simple terms: was there something wrong with the property that posed a risk, and should the person responsible have dealt with it?

Some examples:

A broken step on a staircase that had clearly been loose for some time
A smoke alarm that hadn’t worked in months
A faulty shower dial that suddenly surged scalding water

In these situations, the hazard wasn’t new or unpredictable—it was either visible, longstanding, or something a routine inspection would have caught. If the owner or their agent failed to repair or warn about it, they may be liable.

That also includes hazards reported by previous guests or cleaners. If the same issue keeps cropping up in reviews or complaint messages and nothing is done, it strengthens the claim considerably.

2. Were You Using the Property in a Normal and Expected Way?

Even if the property was unsafe, it matters how the space was being used at the time of the accident. If you were acting reasonably and within normal use, this works in your favour.

For example:

Sitting on a chair that collapsed during dinner
Stepping into a shower that suddenly released boiling water
Using stairs that had no handrail or lighting

But if someone was, say, climbing over a locked gate or standing on outdoor furniture, the situation becomes more complicated. This is where the idea of contributory negligence comes into play—where the injured person’s actions may have partly caused the harm.

It doesn’t always block a claim entirely, but it may reduce what’s recoverable.

3.Should the Responsible Party Have Known About the Risk?

This comes down to reasonable oversight. Property owners, agents and managers are expected to carry out checks between guests, respond to issues raised, and take care of general maintenance.

Even if they weren’t physically present when the accident happened, they’re still responsible for the condition of the property—especially if they’re advertising it commercially.

In some cases, they may argue they weren’t aware of the problem. But if the hazard was obvious, longstanding, or likely to affect safety, the law may still hold them accountable.

If all three of these conditions line up, there’s a strong chance you may be entitled to bring a claim. Even if you’re unsure about one or more points, it’s always worth getting an opinion—preferably before evidence is lost or memories fade.

What to Do If You’ve Been Injured in a Holiday Let

Accidents in rented accommodation can be disorienting—especially when you’re away from home, in an unfamiliar place, and unsure who’s responsible. But the actions you take in the hours and days that follow can make a major difference, both for your own recovery and any potential claim.

Here’s a clear, step-by-step guide on what to do if you’ve been injured during a holiday stay.

Get Medical Attention There and Then, If You Can

Your health is always the first priority. Even if the injury seems minor at the time, it’s worth being checked by a doctor or visiting a walk-in clinic. Injuries like sprains, minor burns, or soft tissue trauma can become more serious over time.

If you’re still in the area, ask the host or manager where the nearest medical centre is—or go directly to a hospital if needed. Once you return home, follow up with your own GP and keep all medical records.

Medical documentation is often one of the most persuasive elements in a personal injury claim. It not only confirms the injury but helps link it directly to the date and circumstances of the accident.

Photograph Everything Relevant

Take clear, timestamped photographs of:

The hazard (e.g. loose step, broken tile, faulty appliance)
The wider surroundings (lighting, layout, signage or lack of it)
Any visible injuries (bruising, swelling, burns)
Any damaged items (clothing, glasses, shoes) that show the force of the incident

Try to get multiple angles if possible. If you’ve already left the property, check whether you captured any relevant photos before or after the incident, even by accident.

Report the Incident Promptly

Let the property owner, letting agent or platform (e.g. Airbnb, Booking.com) know what happened. Provide a short, factual summary and avoid accepting blame. Ask for written confirmation that they’ve received your report.

If there’s an on-site caretaker or manager, make a verbal report as well—but always follow up in writing. If communication is through an app or website, save screenshots of your messages.

Retain Booking Details and Receipts

Keep copies of:

The booking confirmation
Payment records
Emails or messages exchanged before and after the booking
Receipts for medical expenses, taxis, or emergency accommodation
Proof of any costs directly linked to the accident (e.g. crutches, pain relief, lost bookings)

If the injury disrupted your holiday—cutting it short, cancelling events, or causing added expense—record that too.

Identify Any Witnesses

Were you travelling with someone? Did another guest see what happened? Were there staff members or neighbours who could verify the hazard?

If so, take their names and ask for a contact number or email. Even if they don’t write a statement now, they can be contacted later if needed.

What If You’ve Already Left the Property?

You can still take action. In fact, many people don’t realise the seriousness of the injury until they return home. If that’s the case, write down everything you remember and gather whatever evidence you can—photos, messages, receipts.

Reach out to a solicitor promptly so they can help secure any remaining evidence while it’s still possible.

Time Limits for Holiday Rental Injury Claims

If you’ve been injured in a rented holiday property, it’s important to act within the legal time limits. In Ireland, the standard time limit to bring a personal injury claim is two years from the date of the accident. This applies whether the property was a privately owned house, an Airbnb, a B&B, or a short-term city rental.

The two-year clock generally starts on the day the injury occurs—even if you didn’t immediately realise how serious it was, or even if you were still abroad at the time. In some exceptional cases, the deadline may begin from the date you first became aware of the injury, but that’s not guaranteed. Most claims are strictly tied to the accident date itself.

There’s an exception for children. If a person under 18 is injured in a rented property, the two-year limit doesn’t begin until they turn 18. However, a parent or guardian can bring a claim on their behalf at any point before then. It’s rarely advisable to wait that long, as the evidence—like photos, emails, or reports—can be lost or deleted over time.

Many people assume they have time to spare and put off seeking advice. But once that two-year window passes, you may lose the right to bring a claim altogether. That’s why it’s worth checking your timeline early—even if you’re not sure whether you want to take things further.

If you’re uncertain about your deadline or how long you have left, a solicitor can help clarify your position with no pressure to proceed.

What a Claim Can Help With

People often hesitate to pursue a claim after a holiday accident. They worry it’ll seem like an overreaction—or they assume it’s only worth doing if the injury was life-altering. But claims aren’t just about serious harm. They’re about the real-world impact of what happened, and making sure you’re not left to absorb the consequences of someone else’s poor maintenance or neglect.

A valid claim can help you recover out-of-pocket expenses such as:

It can also address the wider disruption to your life. That might include missing work, cancelling plans, or returning home early at your own expense. If you were self-employed, the knock-on effect can be even more significant. Even seemingly small interruptions—like being unable to drive, sleep properly, or mind your children—can have a knock-on effect that lasts for weeks.

For many clients, the value of a claim also lies in the accountability it creates. It’s often the only way a landlord, agent or platform will take the issue seriously. We’ve seen cases where a successful claim led to urgent repairs, updated safety policies, or the removal of a hazardous property from public listings. That kind of change protects future guests and helps make holiday rentals safer for everyone.

A claim is about fairness and protecting your health, your time, and your peace of mind.

Talk to a Solicitor

If you’ve been injured in a holiday rental, don’t wait to find out where you stand. At John O’Leary Solicitors LLP, we’ll help you understand if a claim is possible and guide you through your next steps with clear, local advice. Contact us today to discuss your holiday rental injury and get the support you need to move forward.