If your truck isnt DOT registered, I would say that legally speaking, you would be fine because the DOT doesnt generally concern themselves with non DOT registered vehicles (unless something is obviously amiss). If your truck is registered with the DOT, then its a crap shoot. Im sure that they could interprep your liftgate as not being firmly fixed to the frame because it is either hydraulically or electrically movable. I know we had a Mack semi tractor that had a hydraulic fifth wheel lift. To legally take it on the highway, it had to have a hydaulic lockout switch that would lock it in the lowered position so it couldnt be raised.
As far as what would happen in an accident. For you to be found liable, I would think that it would have to be proven that you or your tow setup caused or somehow made the accident worse. Beware though that YOU will probably have to pay for your defense because your insurance co will probably wash their hands of you when they find out what youve done.
Is your set up safe? I cant say.
Will the rental yard let you tow their trailer? Maybe, maybe not, they're a fickle bunch. They would certainly have cause and right not to. I probably wouldnt rental a trailer and equipment to you with that setup.
I hope you are planning on wiring up some trailer brakes.
Be careful turning and backing. If Im imagining correctly what your plan is, it wont take a very tight turn to mash the corner of your liftgate its the trailer.

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