When a Rental Stay Ends in a Death, Your Family Deserves Answers

Losing someone at a vacation rental is sudden and painful, and the questions come quickly. Many families want to know whether they have a claim and who can bring it.

Wondering whether your family has a claim after a death at a short-term rental? Slam Dunk Attorney, based in Duluth, Georgia, handles wrongful death cases, including deaths at short-term rentals booked through Airbnb, VRBO, and similar platforms.

Who can bring a wrongful death claim after a rental death?

A wrongful death claim is a lawsuit a family brings after another party’s negligence or wrongful act causes a death. Under Georgia Code § 51-4-2, the claim can recover “the full value of the life of the decedent, as shown by the evidence.”

A surviving spouse receives no less than one-third of any recovery. If there is no surviving spouse, the children share the recovery equally, per capita (per head).

Under Georgia Code § 51-4-5, when no one else is entitled to bring the claim, the administrator or executor of the person’s estate may bring it and hold the recovery for the benefit of the next of kin. The personal representative may also recover funeral, medical, and other necessary expenses when a death results from a crime or from criminal or other negligence.

This page applies to a death at a rental house, condo, or cabin booked through Airbnb, VRBO, or a similar platform.

What rental hazards can lead to a death claim?

Common hazards include pools and hot tubs without barriers, unsafe balconies and railings, broken stairs, and fire or carbon monoxide safety failures.

Georgia law says an owner or occupier who invites people onto property must use ordinary care to keep the premises and approaches safe. That duty comes from Georgia Code § 51-3-1. A paying guest is someone the owner has invited onto the property. Ordinary care is the care an ordinarily prudent person would use in similar circumstances, as set out in Georgia Code § 51-1-2.

Security problems are a separate theory. Broken gates and missing locks can raise these questions.

A hazard alone does not decide a case.

Who may be responsible: hosts, managers, and platforms?

Possible responsible parties include the host, the property owner, a property management company, and sometimes the booking platform. Each party’s role turns on who controlled the property, who knew or should have known about the hazard, and what the rental agreement and platform terms say.

Control matters. Under Georgia Code § 44-7-14, a landlord that has fully parted with possession is not responsible to third persons for a tenant’s negligence. The landlord remains responsible for defective construction and for failing to keep the premises in repair.

Georgia also divides fault. Under Georgia Code § 51-12-33, damages are reduced in proportion to the plaintiff’s percentage of fault. Each liable person is responsible for its own share, not a joint amount. A claim is barred if the plaintiff is 50 percent or more responsible for the injury.

A case review looks at the listing, booking records, messages, and maintenance history. These records can show who controlled the property and what was known about it.

What deadlines apply, and what evidence should families keep?

Georgia’s general time limit for actions for injuries to the person is two years after the right of action accrues, under Georgia Code § 9-3-33.

Under O.C.G.A. § 9-3-33 (Kenneth B. Cameron v. Jmp Pizza, Inc (2026)), the general deadline is two years from the date the right of action accrues. Because deadlines can pass quickly, families should treat the clock as urgent from the start.

Keep these records:

• Booking confirmation and payment records
• Listing screenshots, saved before the listing changes
• Messages with the host or platform
• Photos and video of the property
• Fire or incident reports
• The death certificate, plus medical and funeral records
• A written timeline of events, made while memories are fresh

Evidence in the host’s hands can disappear. Under Phillips v. Harmon, the duty to preserve evidence arises when litigation is reasonably foreseeable to the party that controls the evidence, not only after a suit is filed.

A medical examiner or coroner may be involved. Think before posting about the death or the property online, because statements can be used later.

How does the process work?

A case usually moves through a free consultation, a case review, investigation, talks with insurers, and a lawsuit if a fair resolution is not reached.

1. Free first consultation. The firm offers a free first consultation that is confidential, with no obligation to continue.
2. Case review. The team reviews the death, the property, the booking, and the parties who may be responsible.
3. Investigation. Records are requested, and preservation letters go to the parties who control the evidence.
4. Claim presentation. The claim goes to insurers, and settlement talks begin. If Medicare paid medical bills, federal rules generally have liability or no-fault insurance pay accident-related medical costs before Medicare, according to the CMS Medicare Secondary Payer overview.
5. Filing suit. If a fair resolution is not reached, the case can be filed in the proper Georgia court.

Each step can take time, because records and insurance responses come from other parties.

Why Slam Dunk Attorney handles these cases

Slam Dunk Attorney is based in Duluth, Georgia. The firm handles wrongful death claims alongside its other personal injury work.

• Case types: car, truck, motorcycle, and pedestrian accidents; dog bites; premises liability and slip and fall; negligent security; nursing home abuse; wrongful death; catastrophic injuries; rideshare accidents; and short-term rental injuries.
• Lawyers: Peter F. Jaraysi, the responsible lawyer for this page, and Brian D. Wright.
• Support staff: assistants and office staff help families with paperwork and records.
• Service area: metro Atlanta and across Georgia, including Lawrenceville, Johns Creek, Alpharetta, Marietta, Norcross, Kennesaw, and Dunwoody.

Frequently asked questions about Airbnb and VRBO wrongful death claims

Talk with our team about a death at a rental

If someone you love died at a rental booked through Airbnb or VRBO, you may be facing hard decisions and time limits that keep running. You don’t have to sort out the next steps alone. Contact our team to request a free, confidential consultation or to call for a free case review, and bring the booking confirmation and any messages you have.

Responsible lawyer: Peter F. Jaraysi, Slam Dunk Attorney, Duluth, Georgia. This page is attorney advertising and general information, not legal advice. Contact details are on the contact page.