Reviewed by Laurence P. Banville, Esq.Why Vrbo itself is rarely the defendant
Vrbo (owned by Expedia Group) operates as a listing platform. It does not own, control, or maintain the homes guests book. Its terms of service position it as an intermediary, and platforms like this typically argue they are not responsible for the physical condition of a host’s property. Courts have generally been reluctant to treat these marketplaces as the owner or possessor of the premises.
That does not mean no one is accountable. A drowning at a Vrbo rental is a premises-liability matter, and the people who actually controlled the property and its pool, hot tub, dock, or beach access are the ones who can be held responsible.
Who you can actually sue
Liability follows control of the premises. Depending on the facts, potential defendants include:
- The host or property owner who failed to fence the pool, provide barriers or alarms, post depth markings, or warn of hazards.
- A property management company hired to maintain or supervise the rental.
- A maintenance or pool-service contractor whose negligence created a danger (broken drain cover, missing latch, faulty gate).
- A separate amenity operator, such as an HOA or shared-pool association at the property.
What you have to prove
A drowning claim is built on ordinary negligence. You generally must show the property owner or host owed a duty of care to guests, breached it through an unsafe condition or failure to warn, and that the breach caused the death or injury. In New York, common failures include an unfenced or improperly gated pool, a missing or non-compliant anti-entrapment drain cover, no working pool alarm, inadequate lighting, or no warning about a hazard the owner knew about.
New York follows pure comparative negligence CPLR §1411, so a victim’s own conduct can reduce a recovery but does not automatically bar it. That matters in drowning cases, where the defense often points to the swimmer’s actions.
Deadlines that can end your case
If the victim survived with injuries, a personal-injury claim in New York generally must be filed within three years CPLR §214. If the drowning was fatal, a wrongful-death action must usually be brought within two years of death EPTL §5-4.1, and is filed by the estate’s personal representative. These windows can be shorter or different where a public entity (for example, a municipally owned pool) is involved, which can require a Notice of Claim within 90 days GML §50-e.
What a drowning case may be worth
No honest lawyer can promise a number, and prior results do not guarantee future outcomes. Value turns on factors such as the severity of injury or the nature of the loss, the degree of the owner’s negligence, available insurance, the strength of the evidence, and any comparative fault. Each case is different.
If you are dealing with a drowning at a vacation rental, the next questions usually involve where and how it happened. For related guidance, see who is liable for a drowning at a resort and whether you can sue a short-term rental, a motel, or an apartment pool for a drowning.
Frequently asked questions
Can I sue Vrbo directly if someone drowned at a rental?
Almost never. Vrbo is generally treated as a listing platform, not the owner or operator of the home, so it is typically shielded from liability for conditions at a property. The claim usually goes against the host, owner, or property manager who controlled the premises.
Who is responsible for a drowning at a vacation rental?
Responsibility follows control of the property. The host or owner who failed to fence a pool, provide alarms, maintain drain covers, or warn of hazards is the most common defendant, and a property management or pool-service company can share fault.
How long do I have to file a drowning lawsuit in New York?
An injury claim generally must be filed within three years under CPLR 214, and a wrongful-death claim within two years of death under EPTL 5-4.1. If a public entity owned the pool, you may need to file a Notice of Claim within 90 days under GML 50-e, so deadlines should be confirmed quickly.
Does it matter if the person who drowned was partly at fault?
It can reduce, but not automatically eliminate, a recovery. New York uses pure comparative negligence under CPLR 1411, so a percentage of fault assigned to the swimmer lowers the award rather than barring the case entirely.
How much is a drowning case worth?
There is no set figure, and no one can guarantee an amount. Value depends on factors like the severity of harm, the degree of negligence, available insurance, the evidence, and any comparative fault, and prior results do not guarantee future outcomes.