Rental Home Guests’ Premises Liability Lawsuit Over Vine in Driveway Revived, Case against Airbnb Host to Continue
Earlier this year, the Georgia Court of Appeals unanimously reversed a Georgia lower court’s determination that an Airbnb host was not liable for injuries his guests sustained in a parking area near the home where they were instructed to park. According to reports, in the case of Drucker v. Morgan, the Druckers, plaintiffs who stayed at defendant Morgan’s Airbnb property, alleged that Airbnb host Morgan was responsible for injuries that Mr. Drucker sustained as a result of a falling vine that hung over their car in a parking lot near the rental home. The incident all began when the Druckers stayed at Mr. Morgan’s Airbnb rental property. At the time, Mrs. Drucker noticed a vine hanging over her and her husband’s vehicle when it was parked in the space that Mr. had prepared and instructed them to park in. The day after the Druckers arrived at the Airbnb property, they took a picture of the vine, with Mr. Drucker pulling on it. When Mr. Drucker pulled the vine for the photo, it crashed down on him, causing serious injuries.
The trial court initially held for Mr. Morgan, finding that Mr. Morgan was not responsible for the maintenance of the parking spot that was not on his property. However, the Court of Appeals reversed the decision, finding that, “A landowner must use due care in keeping two distinct areas—the premises and approaches to the property—safe for invitees…Without dispute, Morgan did not own the strip of land where he instructed his Airbnb guests to park. Drucker argues, however, that questions of fact remain as to whether that area constituted an approach to Morgan’s property. We agree.” The court further explained that Mr. Morgan “had placed reflectors, a stone bird bath base, and several old logs to block off and define the appropriate place for his Airbnb guests to park….” and that “[A]lthough Morgan argues that the area was a ‘public way’ over which he exercised no control, he blocked off the area and designated it as parking for his renters.”
The case is still ongoing and the result in the case still remains to be seen. The case is said to likely be scheduled for trial later this year or sometime in 2025.
Legal Help for Victims of Injuries in Rental Cabins and Homes in Tennessee
If you or a loved one were injured due to the negligence of a rental cabin or rental home owner in Tennessee, it is important to know that you may have rights and options to compensation under Tennessee premises liability laws. The experienced Tennessee personal injury premises liability lawyers at the law firm Fox Farley Willis & Burnette, PLLC are here to help victims of injuries at rental cabin properties and rental home properties in Tennessee. Do not hesitate to speak to a lawyer about your case today. Contact Fox Farley Willis & Burnette, PLLC and speak to an experienced Tennessee lawyer about your rights and options now.
