The host's homeowner insurer denied my claim — is that the end?

Not necessarily. Many homeowner policies exclude short-term-rental or commercial use, which can shift the claim to the platform's coverage. A denial is often the beginning of the analysis, not the end.

What if I was partly at fault for my rental injury?

Florida uses modified comparative negligence. You can recover if you are 50% or less at fault, but your recovery is reduced by your share. How fault is divided is often the central dispute.

How long do I have to file a short-term rental injury claim in Florida?

Generally 2 years from the date of injury. Evidence at a rental property disappears quickly, so it is best to act early.

Serving all of Florida

Florida Airbnb & VRBO Injury Lawyer

Q: Who is responsible for a short-term rental (Airbnb/VRBO) injury?

Often more than one party: the host or owner, a property manager, and sometimes the platform. The right defendant depends on what caused the injury and which insurance policy applies.

Q: Does Airbnb or VRBO insurance cover my injury?

Both Airbnb and VRBO carry up to $1,000,000 in host liability coverage that can apply when a guest is injured by the host's negligence. Whether that coverage pays, versus the host's own policy, is frequently disputed.

A short-term-rental injury has more insurance behind it than people think — host, manager, and up to $1M in platform coverage. I spent nearly two decades on the insurer’s side; I know how to reach it.

— Emanuel Galimidi, former insurance-defense attorney

Get my free case review Call 786-442-2873

Main Office Miami · In person or video consultations statewide

5.0 Google (80) AV Preeminent 20+ years litigating No fees or costs unless you recover Senior attorney, not a case manager

Who actually pays when you're hurt at a rental

Reviewed by Emanuel Galimidi, Esq. — former insurance-defense attorney · Last updated September 2026

Who is liable 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 liable under premises-liability law when an unsafe condition — a defective stair, an unfenced pool, faulty wiring, a missing smoke detector — caused your injury and the host knew or should have known about it. The platform's host-protection insurance (Airbnb and VRBO each advertise up to $1 million) may also respond, and a property manager or maintenance contractor can share the fault. You generally have two years to file in Florida (Fla. Stat. § 95.11(5)(a)), and your recovery is reduced by your share of fault — barred only if you're found more than 50% at fault (§ 768.81). Preserving evidence early is critical, because the listing, photos, and your messages with the host can be edited or disappear within days.

What they do

What the property’s insurer does after you’re hurt

Three parties, three insurers, 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 fault onto you under Florida’s comparative-negligence rule.

Push it to the wrong policy

The platform points to the host; the host’s homeowner insurer says short-term rental is excluded. In the gap, your claim stalls.

Quick lowball before you heal

A fast, small check before the full injury — and the $1M platform coverage — are 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 to the host — it timestamps the claim.

Get medical care

See a doctor promptly — it documents the injury your claim depends on.

Preserve 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

As a business invitee, you’re owed a duty to keep the property reasonably safe and to warn of known dangers like a broken stair or unfenced pool.

Comparative fault

You can still recover if you are 50% or less at fault; your share reduces the award. How fault is split is often worth fighting.

Platform vs. homeowner coverage

The host’s homeowner insurer and the platform’s host policy rarely both agree they’re on the hook — the homeowner side usually denies for business use first. Sorting out which policy actually responds is the case.

A recent result

Their offer wasn't the real number.

$810K

Short-term rental · their first offer: $20K

One of several recent recoveries handled by the firm. Each case is different and past results do not guarantee a similar outcome. See more results →

Client reviews

What clients say

5.0 · 80 Google reviews

★★★★★

Google

“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

★★★★★

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

★★★★★

Avvo

“The attention to detail Emanuel has is second to none. Knowledge is power, and he has an abundance of knowledge.”

— Omar · Avvo

Individual 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. The right defendant 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 that can apply when a guest is hurt by the host’s negligence. Whether it pays — versus the host’s own policy — is often disputed.

The host’s homeowner insurer denied me — is that the end?

Not necessarily. Many homeowner policies exclude short-term-rental (commercial) use, which can push the claim to the platform’s coverage instead. A denial is often the beginning, not the end.

What if I was partly careless?

Florida’s modified comparative negligence lets you recover if you’re 50% or less at fault, with your share reducing the award. Expect the insurer to push your share up; the photos and report from day one are what keep it down.

Partly at fault in Florida? The 51% rule, explained

How long do I have to file?

Generally 2 years from the injury in Florida. Evidence at a rental — the hazard, the listing, the photos — disappears fast, so it’s best to act early.

Does a pre-existing condition hurt my case?

Not by itself. Florida law lets you recover for the aggravation of a prior injury or condition — if the crash made it worse, the at-fault party owes you for the worsening. What does hurt a case is hiding the prior condition, so be candid with your lawyer and your doctors.

Does a pre-existing condition kill my injury case?

Florida Airbnb & VRBO Injury Lawyer

Who is liable if I'm injured at an Airbnb or VRBO in Florida?

Short-term rental injuries — the facts that matter

What the property’s insurer does after you’re hurt

Blame you, not the property

Push it to the wrong policy

Quick lowball before you heal

What to do after a rental injury

Photograph the hazard now

Report to the platform & host

Get medical care

Preserve the listing

The Florida rules that decide your claim

2-year deadline

A paying guest is an invitee

Comparative fault

Platform vs. homeowner coverage

Their offer wasn't the real number.

What clients say

Airbnb & VRBO injury FAQ

Tell me what happened. The consultation is free.