Liability if VRBO tenant injured on my property

[Joseph Belgrad]

My partner rents out her family's vacation home on VRBO. 

She got a message a few days ago that said:

"Also, not sure the last time you saw the property but the back deck has exposed nails on the boards - my husband stepped on one of them. There are also multiple dry rotted boards where the legs of our chairs / shoe heels have gone through."

She then got a message from the tenant yesterday that said: 

"I know the plumber came but we did not have hot water yesterday and again this morning. I would like to request an additional refund as we had to book hotels yesterday in order to shower ($580) and the ER visit for the tetanus shot is estimated to be around $2000. What should have been a relaxing vacation for a wedding turned into a very stressful and expensive week resulting in half our party needing other accommodations."

When we talked to the plumber, he had said the hot water was working when he left and he gave them his number to call incase of further issues, but he said he didn't hear back from them again.

My partner asked her to send pictures and she sent the attached. The nail is in the picture with the sneaker and is right in front of the sneaker. It is not something my partner has heard of before and her family and other guests have stayed at the home throughout and summer, up until 2 days before this renter and they have never mentioned it. 

Also, in the rental agreement, it says:

"HOLD HARMLESS AND INDEMNITY: OWNER of rental property shall not be liable for
any damages and/or injury to TENANT and/or their guest(s), or their personal property
due to TENANT’S acts, actions or neglect. TENANT agrees to hold OWNER harmless
against any claim for damage and/or injury due to TENANT’S act or neglect or their
guests act or neglect."

It also says:

"MAINTENANCE: It is expected that major systems in and around the property will break
down from time to time such as washer, dryer, refrigerator, etc. OWNER will attempt to
repair the problem as soon as possible upon notice by the TENANT. OWNER assumes
no liability to TENANT if such should occur as all products have a useful life and break
down occasionally"

My partner has a signed copy from the VRBO tenant.

The way my partner has left it with the tenant is that my partner is investigating the issue and will get back to her.

Does anyone have any advice on how to handle this? Is my partner liable to pay for those costs? If so, how much would you pay? If not, what would you say to the tenant?

[Nicholas L.]

@Joseph Belgrad

they should hire an attorney

good luck

[Adam Bartomeo]

This is typical with STR's and why we will no longer manage them. There are people who will go out and find anything that they can to get a free/discounted stay. They will hold you hostage with reviews. We drew a line in the sand and wouldn't deal with folks like this but the reviews took a beating. Also, ABB will often side on the guest side and refund them money.

[Michael Coco]

You cannot evaluate liability based on a snippet from a contract. For example, how is the tenant? It looks as though the language is written for a singular tenant (i.e., apostrophe after the "t"). Was the husband or wife the Tenant? All important questions. Anyway, I agree you should have this evaluated by a lawyer. The state the property is located in, homeowners' insurance policy, and whether you rented as an LLC or individual all make a difference. Personal injury claims can be significant. Good luck.