‘We’re never going to be the same’: Family sues Vrbo and Expedia after deadly vacation fire. Who pays if a getaway turns tragic?

According to one of the attorney’s representing the family, Albert Farrah, a report determined the fire was caused by an electrical malfunction. Now the survivors are suing Vrbo and Expedia.

Farrah says the property didn’t have smoke detectors or alarms, so it didn’t meet Vrbo’s “Safety Essentials Requirements.” But it also appears that this may be a broader issue.

“There are instances where at least 50% and sometimes much more than 50% of the accommodations offered by Vrbo don’t have smoke detectors, and Vrbo knows it,” Farrah told WBZ-TV.

In a statement to Moneywise, a Vrbo spokesperson said, “We have received plaintiffs’ complaint. This is a tragic accident, and our thoughts are with the family.”

If a vacation turns tragic, who pays?

Unsafe conditions at a vacation rental could include missing or nonfunctional smoke detectors, carbon monoxide detectors or fire extinguishers. Other issues include poor security (such as locks that don’t work properly), structural hazards (such as a loose railing on a balcony) or the presence of vermin, mold or toxic substances that pose risks to health and safety.

The host may be required to repair known hazards — say, a loose balcony railing — but also to disclose potential hazards or prior incidents.

Both Airbnb and Vrbo offer hosts $1 million in liability insurance. But don’t assume the platform you booked with will automatically guarantee your safety or compensate you for injuries or fatalities.

“This is a dangerous misconception,” according to Scarlett Law Groups. “The tech giants that dominate the vacation rental market fight aggressively to avoid being classified as real estate brokers or hoteliers. They position themselves as simple bulletin boards that connect a buyer and a seller.”

That means when you’re booking online, you’ve likely already agreed to “hold the app harmless for what happens at the house,” according to Scarlett Law Groups.

And while many platforms advertise liability insurance, Scarlett Law Groups says “these policies are generally designed to defend the host from lawsuits, not to cut a check to the injured guest.”

If someone in your party dies at a short-term rental as a result of unsafe conditions or negligence, you may be able to file a wrongful death claim — but ideally you don’t want to get to that point in the first place.

Protect yourself before you go

While searching for potential vacation rentals, read previous guest reviews and look for mentions of safety issues or broken amenities — as well as how quickly the host addressed any issues. You can also directly ask the host before confirming your reservation.

You could also consider booking through an agency that manages “curated” properties (meaning their rentals have been personally vetted by staff) or booking a vacation rental in a residential complex managed by an on-site management company.

A travel agent who works with curated rentals or managed properties may be able to help.

Once you book, buy travel insurance — don’t assume you can rely on the host’s or platform’s liability insurance to compensate you if something goes wrong.

Travel insurance isn’t just for trip cancellation or lost luggage. Accidental death and dismemberment (AD&D) insurance can compensate you (or your beneficiaries) for an unexpected, accidental injury or fatality while traveling.

However, AD&D doesn’t typically cover claims related to high-risk activities, like skydiving. In those cases, you’d need to add a rider onto your coverage. If you’re not sure, it can help to talk to a travel agent who sells insurance to make sure you’re properly covered.

Travel insurance can also include coverage for medical emergencies, emergency evacuation and repatriation. For example, if you’re hospitalized with burns after a vacation rental fire, travel medical insurance could help to cover the cost of your hospital stay in a foreign country, as well as the costs of transporting you to a better hospital (or back to the U.S.).

Yet only 15% of Americans purchase travel insurance for every trip, while 21% have purchased travel insurance for some of their trips, according to a survey from Aon Affinity Travel Practice.