If you were injured while staying at a short-term vacation rental, such as an Airbnb or VRBO, you may be wondering whether the host can be held responsible. The short answer is yes; under certain circumstances, property owners or hosts may be liable for injuries that happen on their premises.
Florida’s premises liability laws apply to short-term rental properties just like they do to hotels or long-term leases. If a host failed to maintain a safe environment and that negligence led to your injuries, you may have grounds to file a claim. An Orlando personal injury attorney at DWK Law can help you understand your rights and options.
Florida premises liability and short-term rentals
Under Florida premises liability law, property owners have a duty to maintain their premises in a reasonably safe condition. This includes repairing known hazards and warning guests about dangers that are not obvious. When this duty is breached, and someone gets hurt, the property owner, or in this case, the short-term rental host, can be held liable for resulting injuries.
Florida law classifies vacation rental guests as invitees, meaning they are owed one of the highest levels of care under the law. According to Florida Statutes § 768.075, property owners may be held liable if:
- They knew or should have known about a dangerous condition.
- They failed to fix it or warn guests in a timely and reasonable manner.
- That condition directly caused the guest’s injury.
Common causes of short-term rental injuries
Liability may arise from a variety of dangerous conditions or negligence that hosts either created or did not address timely, such as:
- Loose or broken stair railings
- Slippery floors without proper warning
- Faulty furniture or appliances
- Poor lighting in stairways or hallways
- Inadequate security measures that lead to injury or assault
If a guest is injured due to any of these conditions, the host may be held accountable for damages, including medical expenses, lost wages, and pain and suffering.
Do short-term rentals provide insurance coverage?
Some rental platforms offer short-term rental insurance with guest liability coverage to hosts, but this doesn’t always protect injured guests. For example, injuries caused by intentional acts or illegal activities might be excluded.
If you’ve been injured while staying at a vacation rental, your own insurance coverage, like health or renter’s insurance, might not apply, or it may not be enough to cover your losses fully. In many cases, your personal injury attorney may need to file a claim directly against the property owner or their homeowner’s insurance policy.
Travelers can also consider purchasing travel insurance before their trip. Many travel insurance policies include limited coverage for accidental injuries and medical emergencies. But keep in mind that coverage varies widely. Some plans may exclude incidents that occur in privately owned rentals or may limit payouts for medical treatment or liability.
What to do if you are injured at a short-term rental
If you are injured while staying at a vacation rental property in Orlando or anywhere in Florida, take the following steps:
- Seek immediate medical attention. Your health comes first.
- Document the scene. Take photos of the hazardous condition and your injuries.
- Report the injury to the rental property platform or property owner. This may initiate their insurance claim process.
- Do not speak to insurance adjusters alone. They may minimize or deny your claim.
- Contact an experienced personal injury attorney. At DWK Law, we will evaluate your case and guide you through your legal options.
How DWK Law can help
Navigating a claim involving a short-term rental can be a complex process. You may face resistance from both the host and their insurance provider. At DWK Law, we understand the nuances of Florida premises liability law and will work tirelessly to ensure you receive the compensation you are entitled to. Call (407) 244-3000 or send a message to arrange your free consultation.
