Children Injured at Apartments, Hotels and Vacation Rentals

A child who lives in an apartment, stays in a hotel, or spends a week in a vacation rental is a guest on someone else’s property, and Florida law requires the owner to keep that property reasonably safe for the people it knows will be there, including children. Balcony falls, broken stair rails, unfenced pools, playground equipment, dark parking lots and violence that security should have prevented are the cases we see most.

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Common Hazards

  • Balcony and window falls — low railings, wide gaps, missing window guards on upper floors

  • Stairs — loose rails, uneven treads, no lighting

  • Pools and spas with broken gates, no barriers, or missing drain covers

  • Playgrounds and fitness areas that are not maintained

  • Parking lots and driveways with no speed control or sightlines

  • Negligent security — shootings, assaults and abductions where locks, lighting, gates or guards failed

  • Scalding water, carbon monoxide and electrical hazards

  • Dog attacks by animals the landlord allowed to stay

Duty to Children on the Property

A landlord, hotel or host owes a child guest the same duty as an adult: to fix or warn of dangers it knew or should have known about. Children get more, not less, protection in practice. Florida’s attractive-nuisance doctrine holds an owner responsible for hazards that draw children in, even uninvited, and courts recognize that a reasonable owner anticipates how children behave around railings, water and equipment.

Negligent Security

When a child is hurt by a crime at an apartment complex, the question is whether the owner took reasonable steps to prevent foreseeable violence. Florida Statute § 768.0706 now gives multifamily owners a presumption against liability if they have implemented a specific list of security measures — lighting, cameras, locks, gates, a crime-prevention assessment and employee training. Owners that skipped those steps do not get the presumption. We obtain the property’s crime history, police calls for service, and the security measures actually in place on the day your child was hurt.

Short-Term Rentals

Vacation rentals at the Beaches, in St. Augustine and around Northeast Florida are a growing source of child injuries, especially pools and balconies that were never built for families with small children. Responsibility can fall on the owner, the property manager, and the platform’s host-protection coverage. The owner’s homeowner’s policy often excludes commercial rental use, which is exactly why we check every policy early.

Who Pays

  • The property owner’s liability policy

  • The management company and its insurer

  • A security contractor

  • The hotel or franchisor

  • A short-term rental host and platform coverage

  • A public housing authority, subject to § 768.28 notice rules and caps

Deadlines

Two years from the injury. Repairs happen the day after a child is hurt, and camera footage is overwritten within days; photograph everything and call us immediately.

Frequently Asked Questions

My child fell from an apartment balcony. Is the landlord responsible?

Often. Florida building codes set railing height and gap requirements, and a railing that doesn’t meet them, or that was loose, is strong evidence of negligence. We inspect and measure before it is repaired.

We were staying in a vacation rental with an unfenced pool. Who is liable?

The owner, and possibly the property manager and the platform’s host coverage. Florida’s pool barrier law applies to residential pools regardless of whether the home is rented out.

My child was assaulted at our complex. Can we sue the owner?

Possibly. The owner is responsible if the violence was foreseeable and reasonable security would have prevented it. Florida’s 2023 law gives owners a presumption only if they put specific security measures in place; many have not.

The lease says the landlord isn’t responsible for injuries. Is that enforceable?

Generally not for the landlord’s own negligence, and never for a child who did not sign it. Bring the lease to your consultation.

What does it cost to hire you?

Nothing up front. No attorney’s fee unless we recover compensation; costs and expenses may apply. The consultation is free and confidential.

📞 Call (904) 619-5244 · Text Us · Free Case Review

Free and confidential. No fee unless we recover compensation; costs and expenses may apply.

Related: Negligent security · Short-term rental injuries · Drowning and pool injuries · Jacksonville child injury lawyer

Reviewed by Belkis Plata and Shannon Schott, attorneys Board Certified in Juvenile Law by The Florida Bar. Updated October 2026.