Serving all of Florida
Florida Airbnb & VRBO Injury Lawyer
An injury at a short-term rental has more insurance behind it than people think: the host, the manager, and up to $1M in platform coverage. I spent nearly two decades on the insurance company’s side. I know how to reach it.
— Emanuel Galimidi, former insurance-defense attorney
Main Office Miami · In person or by video, anywhere in Florida
Who is responsible if I'm injured at an Airbnb or VRBO in Florida?
If you're hurt at a short-term rental in Florida, the property owner or host can be responsible under the law that covers injuries on someone else's property (premises liability). That applies when an unsafe condition caused your injury, and the host knew about it or should have known. A broken stair, a pool with no fence, bad wiring, or a missing smoke detector are all examples. The platform's host protection insurance may also pay (Airbnb and VRBO each advertise up to $1 million). A property manager or repair contractor can share the blame too.
You usually have two years to file in Florida (Fla. Stat. § 95.11(5)(a)). If you were partly at fault, your payment is cut by your share. If you were more than 50% at fault, you get nothing (§ 768.81).
Saving the evidence early is critical. The listing, the photos, and your messages with the host can be edited or disappear within days.
Injuries at short-term rentals — the facts that matter
- Deadline to file
- 2 years from the injury (Florida's deadline for injury claims)
- Who can be liable
- The host, property manager, and the platform can all share fault
- Platform coverage
- Airbnb & VRBO carry up to $1M in host liability coverage
- What it costs
- Free case review · no fees or costs unless we recover for you
What they do
What the property’s insurance company does after you’re hurt
Three parties, three insurance companies, and every one of them pointing at the others. The moves are familiar.
Blame you, not the property
They argue you weren’t watching your step, to shift the blame onto you under Florida’s shared-fault rule.
Push it to the wrong policy
The platform points to the host. The host’s homeowner insurance company says its policy doesn’t cover short-term rentals. In the gap, your claim stalls.
Quick lowball before you heal
A fast, small check before your full injury is known, and before the $1M platform coverage is on the table.
After an injury
What to do after a rental injury
Photograph the hazard now
The broken railing, wet tile, missing pool fence, or dark stairwell — before the host quietly fixes it.
Report to the platform & host
Create a written record in the Airbnb/VRBO app and send one to the host. That puts a date and time on your claim.
Get medical care
See a doctor right away. That creates a record of the injury your claim depends on.
Screenshot the listing
Screenshot the listing, photos, reviews, and amenities before they’re edited.
Florida law
The Florida rules that decide your claim
2-year deadline
Florida generally gives you 2 years from the injury to file an injury lawsuit. Wait too long and the claim is gone.
A paying guest is an invitee
You are a paying guest, which the law calls a ‘business invitee.’ That means the host must keep the property reasonably safe and warn you about known dangers, like a broken stair or a pool with no fence.
Comparative fault
You can still get paid if you are 50% or less at fault, but your share of the blame is taken out of what you get. How the fault is split is often worth fighting over.
Platform vs. homeowner coverage
The host’s homeowner insurance company and the platform’s host policy rarely both agree they have to pay. The homeowner side usually denies first, saying the home was used for business. Sorting out which policy actually pays is the heart of the case.
Related pages: Uninsured motorist coverage · Uber & Lyft accidents
A recent result
Their offer wasn't the real number.
Short-term rental · their first offer: $20K
One of several recent recoveries by the firm. Each case is different and past results do not guarantee a similar outcome. See more results →Client reviews
What clients say
“A highly professional law office. Mr. Galimidi is very honest and puts great effort into his work for you — he always gets back to you by email or phone. A phenomenal attorney with a heart for people.”
— Sarah · Google“Emanuel is one of the best attorneys in South Florida. Schedule a call with him before going with anyone else — he will fight for you, and you want someone seasoned handling your case.”
— James · Google“The attention to detail Emanuel has is second to none. Knowledge is power, and he has an abundance of knowledge.”
— Omar · AvvoIndividual results; outcomes vary by case. Reviews are from the firm’s Google and Avvo profiles.
Questions people ask
Airbnb & VRBO injury FAQ
Who is responsible for my short-term rental injury?
Often more than one party: the host or owner, a property manager, and sometimes the platform. Who you can sue depends on what caused the injury and which policy applies.
Does Airbnb or VRBO insurance cover my injury?
Both platforms carry up to $1M in host liability coverage (the insurance that pays people the host hurts). It can apply when a guest is hurt because of the host’s carelessness. Whether it pays, instead of the host’s own policy, is often argued over.
The host’s homeowner insurance company denied me — is that the end?
Not necessarily. Many homeowner policies don’t cover short-term rental (business) use. That can push the claim over to the platform’s coverage instead. A denial is often the beginning, not the end.
What if I was partly careless?
Florida’s shared-fault rule lets you get paid if you’re 50% or less at fault, but your share of the blame is taken out of what you get. Expect the insurance company to push your share up. The photos and the report from day one are what keep it down.
How long do I have to file?
Usually 2 years from the injury in Florida. Evidence at a rental disappears fast: the hazard, the listing, the photos. So it’s best to act early.
Does a pre-existing condition hurt my case?
Not by itself. If the crash made an old injury or condition worse, Florida law says the person who caused the crash owes you for that. What does hurt a case is hiding the old injury. Be honest with your lawyer and your doctors.
Tell me what happened. The case review is free.
You'll talk to me, a senior attorney who spent nearly two decades working for the insurance companies. Not a case manager. No fees or costs unless we recover for you.
Call 786-442-2873