Serving all of Florida
Florida Airbnb & Vrbo Injury Lawyer
When a dangerous condition at a Florida vacation rental causes a serious injury, the claim can involve disputed responsibility, missing evidence and overlapping insurance questions. I investigate who controlled the property, what caused the injury and which coverage may apply. My nearly two decades on the insurance-defense side help me anticipate the arguments your claim will face.
— 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. A property manager or repair contractor can share the blame too. Who is responsible and which insurance pays are separate questions: the platform’s host liability insurance may cover the host’s legal liability for your injury, subject to its terms (Airbnb and Vrbo each advertise programs of up to $1 million), but whether the platform itself can be sued is a different question.
For Florida negligence claims accruing after March 24, 2023, the general filing period is two years (§ 95.11(5)(a)); other claims or dates require separate analysis. Where Florida’s modified comparative-fault rule applies, your recovery is reduced by your share of fault, and recovery on the negligence claim is barred if you are found more than 50% at fault for your own harm (§ 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 for most negligence claims arising after March 24, 2023 (Florida's deadline for injury claims)
- Who can be liable
- The host, owner or property manager, depending on who controlled the property
- Platform coverage
- Airbnb and Vrbo list host liability programs of up to $1M; terms apply
- What it costs
- Free case review · no fees or costs unless we recover for you
A documented recovery
A vacation-rental fall: $810,000
Our client fell on a dangerous staircase at a vacation rental. With no witnesses, the owner’s insurer disputed fault. When conventional evidence wasn’t enough, we used accident-reconstruction technology to prove how the fall happened and why the staircase was to blame. Recovery: $810,000.
These results are examples and are not typical. Every case is different, and the outcome of any matter depends on its specific facts. Past results do not guarantee or predict a similar outcome in any future case.
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 every policy that might apply has been found.
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.
South Florida hazards
The hazards behind rental injuries in South Florida
Algae on steps, docks and pool decks
Algae doesn’t appear overnight. It builds up over time in our humidity, and how long it was there can help show that whoever maintains the property should have found it. Photograph it up close, and keep the shoes you were wearing.
Slick tile and marble
Around pools, showers and entryways, especially after rain. Note whether there were mats, warning signs or handrails.
Pools and spas
Missing or broken pool gates and alarms, loose drain covers, no depth markings. Photograph the gate, latch and fence before anyone repairs them.
Balconies, railings and stairs
Loose railings, rotted wood, and metal rusted by salt air. Dark outdoor stairs with burned-out lights.
Read the old reviews. If earlier guests wrote about slippery steps or a broken railing, that can help show the host knew. Screenshot them before the listing changes or comes down. We can also ask for the host’s cleaning, pool-service and pressure-washing records.
Florida law
The Florida rules that decide your claim
2-year deadline
For most negligence claims arising after March 24, 2023, Florida generally gives you 2 years from the injury to file an injury lawsuit. Other deadlines may apply. 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: Slip and fall injuries
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 · AvvoReviews reflect individual clients’ experiences. Prospective clients may not obtain the same or similar results. 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 or a contractor, depending on who controlled the property and what caused the injury. Whether the platform itself can be sued is a separate legal question.
I slipped on algae at an Airbnb or Vrbo. Can I sue the property owner?
You may be able to. The owner, the host or whoever maintains the property may have to keep it reasonably safe for guests and warn them about dangers they knew about or should have known about. How long the algae was there, earlier complaints and how the area was maintained can help show they should have known. What helps most: photos of the algae and the spot where you fell, the shoes you wore, the listing and earlier guest reviews, and your messages with the host. Platform coverage may also apply, depending on the booking and the policy. For most negligence claims arising after March 24, 2023, you usually have 2 years to file (§ 95.11(5)(a)). Other deadlines may apply.
Does Airbnb or Vrbo insurance cover my injury?
It may. Airbnb’s Host Liability Insurance covers a host’s legal liability for qualifying guest injuries, up to $1 million per stay, subject to eligibility, terms and exclusions. Vrbo has its own $1 million program with its own terms. Neither guarantees payment on your claim. Coverage and the order in which policies respond depend on the applicable policy terms and facts.
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?
Where Florida’s modified comparative-fault rule applies, your recovery is reduced by your share of fault, and recovery on the negligence claim is barred if you are found more than 50% at fault for your own harm (§ 768.81). 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?
For Florida negligence claims accruing after March 24, 2023, the general filing period is two years (§ 95.11(5)(a)); other claims or dates require separate analysis. 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 automatically. Medical evidence is used to evaluate whether the rental incident caused a new injury or worsened a pre-existing condition, and what additional harm resulted. Give your lawyer and treating providers an accurate medical history.
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