Injured at an Airbnb, Vrbo, or Vacation Rental?

Short-term rentals are everywhere in Jacksonville and along Florida’s beaches, and many are run by owners with no hospitality training and no safety inspections. When a balcony rail gives way, a pool has no barrier, a stairway is unlit, or a carbon monoxide detector was never installed, the people hurt are often guests and their children. Our trial attorneys hold owners, property managers, and other responsible parties accountable.

Why Short-Term Rentals Are Different From Hotels

Hotels are subject to routine inspection and established safety standards. A house or condo listed on a booking platform frequently is not. Owners may skip pool barriers required for residential pools, ignore local occupancy and safety rules, use unlicensed contractors for repairs, or leave hazards unfixed between guests. Insurance is often a fight in these cases: a homeowners policy may exclude commercial or rental use, a platform’s host protection may apply, and a property manager or cleaning company may carry its own coverage. We identify every policy.

Booking platforms typically position themselves as intermediaries rather than property owners, which shapes who can be held responsible. That does not end the inquiry; owners, managers, maintenance companies, and sometimes the platform can all be part of the case depending on the facts.

Common Short-Term Rental Injuries

Drownings and near-drownings in pools and hot tubs without required barriers, alarms, or safe covers. Falls from defective balconies, decks, railings, and unlit stairs. Carbon monoxide poisoning from faulty heaters, generators, or attached garages. Fires and burns where smoke alarms or extinguishers were missing. Injuries from broken furniture, unsecured TVs and dressers, and unsafe bunk beds. Assaults where the rental had inadequate locks or security.

When a Child Is Hurt at a Rental

Many of these cases involve children, particularly drownings and falls. Florida’s pool safety requirements exist because young children are the most frequent victims, and a rental advertised as family friendly should meet them. Our partners are Board-Certified Specialists in Juvenile Law and much of our practice is devoted to representing children and their families.

Short-Term Rental FAQs

I signed the platform’s terms and a rental agreement. Can I still sue?

Usually yes. Booking a stay does not give an owner permission to keep a dangerous property. Florida courts enforce a clause releasing someone from their own negligence only when it is clear and unambiguous (Sanislo v. Give Kids the World, Inc., Fla. 2015), and most rental agreements deal with deposits, occupancy, and house rules rather than injuries caused by a hazard the owner should have fixed. Paperwork signed by a parent for a child is narrower still: Florida law lets a parent waive a child's claims only for the inherent risks of an activity, not for someone else's negligence (Fla. Stat. § 744.301(3)). The platform's terms can affect where a claim against the platform itself is decided, which we explain below. Bring us everything you signed or clicked through, and we will tell you where you stand.

Who is actually responsible, the owner or the platform?

Usually the owner, the property manager, or both. Florida law requires a property owner to keep the premises reasonably safe for guests and to warn of hidden dangers the owner knew about or should have found. Property managers, cleaning crews, and pool, maintenance, and repair contractors can share responsibility when their work created the hazard. Booking platforms such as Airbnb and Vrbo present themselves as intermediaries, and claims against them are harder and often subject to arbitration, but they are not automatically off the table. Every Florida vacation rental must be licensed by the state Division of Hotels and Restaurants, and Jacksonville requires its own vacation rental certificate, so whether a rental was operating legally can become important evidence. Under Florida's modified comparative fault rule (Fla. Stat. § 768.81(6)), fault is divided among everyone responsible.

How long do I have to file?

In most cases, two years from the date of the injury. Florida cut the deadline for most negligence lawsuits from four years to two for injuries on or after March 24, 2023 (Fla. Stat. § 95.11). A wrongful death claim, such as a drowning, generally must be filed within two years of the death. The practical deadline is much shorter. Rentals are repaired, cleaned, and re-booked within days, and listings, photos, and host messages can be edited or deleted. If you were hurt at a rental in Jacksonville, at the Beaches, in St. Augustine, or on Amelia Island, contact a lawyer while the property still looks the way it did when you were injured.

What does it cost to hire you?

Nothing up front. Injury consultations are free, and we handle short-term rental injury cases on a contingency fee: our fee is a percentage of what we recover for you, set out in a written fee agreement you review and sign before we begin. If there is no recovery, you owe nothing: no attorney's fee and no case costs. At your consultation we explain exactly how the fee and case costs are calculated, so there are no surprises. Call (904) 619-5244, Monday through Friday, 9 a.m. to 5 p.m., to schedule a consultation in English or Spanish.

My child fell into the pool at our vacation rental. Isn't the owner required to have a pool fence?

Not always, and that surprises many families. Florida's Residential Swimming Pool Safety Act (Fla. Stat. ch. 515) requires at least one safety feature, such as a compliant barrier, an approved safety cover, door exit alarms, self-closing and self-latching doors, or a pool alarm, but it applies when a new pool is built. No state law specifically requires a vacation rental owner to add or keep one. A 2026 bill that would have imposed that duty on licensed vacation rentals (CS/CS/SB 658) passed the Florida Senate 37–0 but died in the House on March 13, 2026. Even without a specific rule, an owner who advertises a home as family-friendly and leaves a pool unsecured can still be found negligent. Both partners are Board Certified in Juvenile Law by The Florida Bar, and we represent children and families in drowning and near-drowning cases.

Airbnb says I agreed to arbitration. Does that mean I can't go to court?

Not necessarily. The arbitration clause in a platform's terms generally covers claims against the platform. In Airbnb, Inc. v. Doe (2022), a case involving a Longboat Key rental, the Florida Supreme Court held that an arbitrator, not a judge, decides whether a guest's claim against Airbnb must be arbitrated. But the property owner, property manager, and contractors usually have no arbitration agreement with you, so injury claims against them are typically filed in a Florida circuit court. A family member who was hurt but did not create the account or book the stay may not be bound at all; a federal court in Maryland refused to force arbitration in that situation in 2024. Keep your booking confirmation and account history, because which claims go where depends on the exact terms you accepted.

Does the host's insurance cover my injury? What about Airbnb's $1 million coverage?

There is often coverage, but finding all of it takes work. Airbnb says its Host liability insurance provides up to $1 million when a host is found legally responsible for a guest's bodily injury, subject to exclusions. It protects the host, so it pays only if the host is liable; it is not a fund guests can simply claim from. The owner's homeowners policy may exclude rental or business use, while a short-term rental policy, an umbrella policy, a condominium association's policy, or a property manager's or contractor's liability insurance may apply. Vrbo and other platforms have their own programs and terms. Insurers often point at each other, so we identify every available policy early and put each one on notice.

What should I do right after getting hurt at an Airbnb or vacation rental?

Get medical care first, then preserve the evidence before you check out. Photograph and video the hazard from several angles: the broken railing, missing pool gate or alarm, dark stairway, wet floor, or missing smoke or carbon monoxide alarm. Florida requires a carbon monoxide alarm within 10 feet of each bedroom in buildings built since July 1, 2008 that have a fuel-burning appliance, fireplace, or attached garage (Fla. Stat. § 553.885). Screenshot the listing, house rules, and your messages with the host, because listings can be edited. Report the injury in writing through the platform and save the confirmation. Get witnesses' names and phone numbers. Do not sign a release, accept a refund that comes with conditions, or give a recorded statement before speaking with a lawyer.

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