Posted On September 3, 2026
South Carolina’s coastal destinations, college towns and sporting events have helped fuel continued demand for short-term rentals. For property investors, the model can be appealing: purchase a property, furnish it, list it online and generate rental income. But opening a property to a steady stream of guests unfamiliar with the home can also create premises-liability risks that a traditional homeowner may not encounter.
One important consideration for short-term rental owners is not simply whether a property is safe, but how guests are likely to use it. Unlike a homeowner who becomes familiar with a property's quirks over time, short-term guests may have no knowledge of a steep staircase, uneven flooring or an aging deck. Owners should consider the ways in which guests may reasonably be expected to use the property and identify potential hazards before an accident occurs.
For example, a waterfront rental is likely to attract guests because of its access to the water. That makes the condition of docks, boardwalks and other outdoor areas particularly important. Are there loose or raised boards that could cause someone to trip? Are railings secure? Similarly, a mountain rental with a large deck may attract groups who will spend time outdoors. Is the deck capable of safely supporting the number of guests the property is advertised to accommodate? Are there signs of water damage or deterioration that could create a risk?
The location and purpose of the rental may also provide clues about how guests will use the property. A Charleston rental may attract wedding parties or groups celebrating special events, while a Clemson property may see increased use by visitors attending football games. Those circumstances can create different patterns of use that an owner should consider when evaluating potential hazards.
From a defense perspective, these details can become particularly important after an injury occurs. What did the owner know about the condition of the property? What inspections or maintenance had been performed? Was the condition one that the owner could reasonably have anticipated guests encountering? Documenting regular inspections and addressing known hazards can help an owner identify and mitigate potential risks before they result in an injury.
Insurance coverage is another important consideration. Short-term rental owners should understand whether their insurance policy covers the property's rental use and whether any exclusions or limitations could leave them exposed following an accident. Coverage provided through a rental platform may also be subject to specific terms and conditions. Owners should evaluate their insurance needs before making the property available to guests.
No property owner can eliminate the possibility of an accident. But by considering not only the condition of the property, but also how guests are likely to use it, short-term rental owners can take meaningful steps to minimize risk and put themselves in a better position if a claim does arise.
This issue was among the topics discussed at the recently held South Carolina Defense Trial Attorneys Association (SCDTAA) Annual Meeting 2026, where attorneys explored emerging issues and practical considerations in South Carolina defense litigation.
Kyle H. Cooper is a litigation associate based in Turner Padget’s Columbia, South Carolina office, where he focuses his practice on construction, premises liability, hospitality, product liability and personal injury defense. Kyle is part of Turner Padget’s experienced Litigation team, which represents businesses, property owners and other clients in complex litigation matters throughout the Southeast. With nearly a century of experience serving businesses and organizations across the region, Turner Padget brings a depth of knowledge and resources to help clients navigate litigation and minimize risk.
If you have questions about premises liability or another litigation matter, please reach out to Kyle at kcooper@turnerpadget.com to discuss how he and the Turner Padget team can assist.