Injured at an Airbnb, VRBO, or vacation rental in Miami, Orlando, Tampa, the Florida Keys, or anywhere in the Sunshine State? This guide covers Florida premises liability law, including claims against property owners, hosts, and property management companies for slip and falls, pool injuries, and other dangerous conditions.
Florida Premises Liability Law for Vacation Rentals
When you're injured at a Florida vacation rental, your claim is governed by Florida's premises liability statutes under F.S. Chapter 768 (Negligence). Florida law imposes specific duties on property owners and requires injured guests to meet certain evidentiary standards.
This critical Florida statute governs slip and fall claims on transitory substances (water, spilled drinks, debris). Under F.S. 768.0755:
Burden of proof: You must prove the property owner had actual or constructive knowledge of the dangerous condition
Constructive knowledge: The condition existed long enough that the owner should have discovered it through reasonable care, OR it occurred regularly and was therefore foreseeable
No mode of operation: Florida eliminated the "mode of operation" approach that some states use to shift the burden to defendants
Critical: Florida's Heightened Burden for Slip and Falls
Unlike some states, Florida requires you to prove the property owner knew or should have known about the hazard. Simply showing a wet floor existed is not enough. You must establish:
The owner was told about the hazard (actual knowledge), OR
The hazard existed long enough that reasonable inspection would have found it, OR
The hazard was foreseeable because similar conditions occurred regularly
For vacation rentals, evidence of prior guest complaints, cleaning schedules, or recurring hazards is essential.
Florida Statute Section 95.11 - Statute of Limitations
Under F.S. 95.11(3)(a), personal injury claims must be filed within 4 years from the date of injury. This includes:
Negligence claims against property owners
Premises liability claims for dangerous conditions
Effective March 24, 2023, Florida adopted modified comparative negligence under HB 837:
⚠
51% Bar Rule
If you are found more than 50% at fault for the accident, you recover nothing.
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Proportional Reduction
If you are 50% or less at fault, your damages are reduced by your percentage of fault.
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Open and Obvious Defense
Property owners will argue hazards were "open and obvious" to reduce or eliminate liability.
Common Vacation Rental Hazards in Florida
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Pool and Hot Tub Injuries
Slip and falls on wet decks, inadequate fencing, lack of depth markings, defective drains, chemical burns, near-drowning incidents.
Under the Florida Residential Swimming Pool Safety Act (F.S. 515), residential pools must have at least one of the following safety features:
Pool fence at least 48 inches high with self-closing, self-latching gate
Approved pool safety cover
Exit alarms on doors providing direct pool access
Combination of approved safety features
Failure to comply may establish negligence per se for pool injury claims.
Who Can Be Held Liable for Florida Vacation Rental Injuries
Florida allows injured guests to pursue claims against all parties whose negligence contributed to the injury. Identifying all potential defendants is crucial for maximum recovery.
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Property Owner
The person or entity that owns the vacation rental property. Liable for dangerous conditions they knew or should have known about, failure to maintain, and code violations.
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Airbnb/VRBO Host (if different from owner)
The person managing the listing may be liable for failure to warn, misrepresentations about the property, and inadequate maintenance.
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Property Management Company
Professional managers hired to maintain and oversee the property. Liable for negligent maintenance, failure to inspect, and failure to address known hazards.
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Airbnb/VRBO Platform
The platform itself has limited direct liability under the Communications Decency Act, but their Host Protection Insurance may cover your claim.
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HOA or Condo Association
If the injury occurred in common areas (pool, lobby, parking), the association may be liable.
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Maintenance Contractors
Pool service companies, cleaning services, or repair contractors whose negligence caused the hazard.
Airbnb Host Protection Insurance
Coverage Details
Airbnb provides Host Protection Insurance that may cover your claim:
Coverage limit: Up to $1 million per occurrence for third-party bodily injury
Secondary coverage: Applies after the host's personal insurance is exhausted
Exclusions: Intentional acts, certain business activities, communicable diseases, assault and battery
Claims process: File through Airbnb's Resolution Center or directly with their insurance administrator
Airbnb Arbitration Clause
Airbnb's Terms of Service include an arbitration clause that may require disputes to be resolved through binding arbitration rather than court. However, this clause may not apply to:
Claims against the property owner (not Airbnb)
Claims under the Host Protection Insurance
Claims where the arbitration clause is found unconscionable
Establishing Owner/Host Liability
Elements of Florida Premises Liability
To recover, you must prove:
Duty: The property owner owed you a duty of reasonable care as a business invitee (paying guest)
Dangerous condition: A dangerous condition existed on the property
Knowledge: The owner knew or should have known about the condition (actual or constructive knowledge)
Failure to warn or fix: The owner failed to warn you or correct the condition
Causation: The dangerous condition directly caused your injuries
Damages: You suffered actual harm and losses
Business Invitee Status
As a paying vacation rental guest, you are a business invitee under Florida law. This is the highest level of protection, requiring the property owner to:
Maintain the property in a reasonably safe condition
Regularly inspect for hazards
Warn of known dangers that are not obvious
Correct dangerous conditions within a reasonable time
Evidence Checklist for Florida Vacation Rental Injury Claims
Florida's requirement to prove actual or constructive knowledge makes evidence collection critical. Document everything immediately after your injury.
Immediate Evidence Collection
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Photograph the Hazard
Take photos and videos of the dangerous condition from multiple angles, with context showing location within the property.
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Screenshot the Listing
Capture the Airbnb/VRBO listing, photos, amenity descriptions, and any safety representations before they can be modified.
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Report to Host via Platform
Report the incident through Airbnb/VRBO messaging to create a timestamped record. Describe the hazard and your injuries in detail.
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Get Witness Information
Collect names and contact information from anyone who witnessed the accident or saw the hazardous condition.
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Seek Medical Attention
Go to urgent care or emergency room immediately. Get your injuries documented by medical professionals.
Evidence for Constructive Knowledge
Under F.S. 768.0755, you need evidence that the owner should have known about the hazard. Look for:
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Prior Guest Reviews
Search for reviews mentioning the same hazard, maintenance issues, or similar incidents.
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Cleaning and Maintenance Records
Request logs showing when the property was last inspected, cleaned, or maintained.
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Code Violations
Check for building code violations, safety violations, or failed inspections that indicate the owner knew of hazards.
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Duration Evidence
Any evidence showing the hazard existed for an extended period (worn carpet, old stain, long-standing disrepair).
Evidence Preservation Letter
Send immediately to the host, property owner, and property manager:
"This letter serves as formal notice pursuant to Florida law that you are required to preserve all evidence related to the injury I sustained at [PROPERTY ADDRESS] on [DATE]. This includes but is not limited to: maintenance and repair records, cleaning logs, inspection records, incident reports, prior guest complaints, insurance policies, surveillance footage, and all communications with guests or contractors regarding the property condition. Destruction of this evidence may result in sanctions and adverse inference instructions."
Act Quickly - Evidence Disappears
Listings can be modified: Hosts may change photos or descriptions after your injury
Reviews can be removed: Prior complaints may be deleted
Conditions can be fixed: The hazard may be repaired, destroying evidence
Memories fade: Witnesses forget details quickly
Damages and Settlement Factors in Florida Vacation Rental Cases
Florida allows recovery of both economic and non-economic damages for premises liability claims. Understanding how Florida values these claims helps set realistic settlement expectations.
Recoverable Damages Under Florida Law
Damage Type
Description
Documentation Needed
Medical Expenses
All past and future medical treatment
Medical bills, records, expert projections
Lost Wages
Income lost during recovery
Pay stubs, employer letters, tax returns
Loss of Earning Capacity
Reduced future earning ability
Expert economist testimony
Pain and Suffering
Physical pain and emotional distress
Medical records, diary, testimony
Permanent Impairment
Lasting disability or disfigurement
Physician's permanency rating
Loss of Enjoyment of Life
Inability to enjoy activities you previously enjoyed
Testimony, lifestyle documentation
Travel Expenses
Costs of early return, rebooking, medical transport
Receipts, booking records
Typical Settlement Ranges
Settlement Ranges by Injury Severity
Minor injuries (sprains, minor cuts): $5,000 - $25,000
Objective Medical Documentation
Imaging, surgery records, and specialist evaluations strengthen your claim.
✔
Low Comparative Fault
Evidence the hazard was hidden or you could not have avoided it.
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Open and Obvious Hazard
If the hazard was visible and avoidable, your recovery decreases.
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Alcohol Involvement
If you were intoxicated at the time, comparative fault will be assessed.
Florida Vacation Rental Injury Demand Letter Templates
Use these templates as starting points for your demand letter. Customize with your specific facts and evidence.
Template: Demand Against Property Owner/Host
[YOUR NAME]
[YOUR ADDRESS]
[CITY, STATE ZIP]
[EMAIL]
[PHONE]
[DATE]
[PROPERTY OWNER/HOST NAME]
[ADDRESS]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
RE: Personal Injury Claim - Premises Liability
Property: [RENTAL ADDRESS]
Airbnb/VRBO Listing: [LISTING NUMBER]
Injury Date: [DATE]
Dear [PROPERTY OWNER/HOST NAME]:
I am writing to provide formal notice of a personal injury claim arising from a dangerous condition at your vacation rental property located at [ADDRESS] in [CITY], Florida. On [DATE], I was a paying guest at your property when I [DESCRIBE ACCIDENT - e.g., "slipped and fell on a wet bathroom floor that had no bathmat or non-slip surface"].
DANGEROUS CONDITION:
[Describe the hazard in detail - what it was, where it was located, why it was dangerous, and why it was not obvious to a guest]
YOUR KNOWLEDGE OF THE HAZARD:
Under Florida Statutes Section 768.0755, you are liable for injuries caused by dangerous conditions you knew or should have known about. Evidence indicates you had actual or constructive knowledge because:
- [Prior guest reviews mentioned similar issues]
- [The condition was longstanding and should have been discovered through reasonable inspection]
- [You were specifically notified of the hazard before my injury]
- [The condition violates Florida building/safety codes]
INJURIES SUSTAINED:
As a direct result of this dangerous condition, I sustained the following injuries:
- [List injuries with medical documentation support]
MEDICAL TREATMENT:
I have received the following medical treatment:
- [List all treatment with dates and providers]
FLORIDA LAW:
As a paying guest, I was a business invitee on your property. Under Florida premises liability law, you owed me a duty to maintain the property in a reasonably safe condition, regularly inspect for hazards, and warn of dangerous conditions. You breached this duty by [describe breach].
Under Florida's modified comparative negligence law effective March 2023, you bear liability for this accident because [explain why you were not at fault or were less than 50% at fault].
DAMAGES:
I claim the following damages:
- Medical expenses (to date): $[AMOUNT]
- Estimated future medical expenses: $[AMOUNT]
- Lost wages: $[AMOUNT]
- Pain and suffering: $[AMOUNT]
- Travel expenses (early return): $[AMOUNT]
TOTAL DEMAND: $[AMOUNT]
SETTLEMENT DEMAND:
I demand payment of $[AMOUNT] within thirty (30) days of receipt of this letter to resolve this matter. Please forward this letter to your homeowner's insurance carrier and notify Airbnb/VRBO to trigger Host Protection Insurance coverage.
If I do not receive a satisfactory response, I will pursue all available legal remedies, including filing a complaint with local code enforcement and initiating litigation for damages, attorney fees, and costs.
Sincerely,
[YOUR SIGNATURE]
[YOUR PRINTED NAME]
Enclosures:
- Photographs of dangerous condition
- Medical records and bills
- Screenshot of rental listing
- Prior guest reviews mentioning hazard
Template: Notice to Airbnb for Host Protection Insurance
[YOUR NAME]
[YOUR ADDRESS]
[DATE]
Airbnb, Inc.
Attn: Host Protection Insurance Claims
888 Brannan Street
San Francisco, CA 94103
RE: Third-Party Bodily Injury Claim
Reservation Confirmation: [NUMBER]
Property: [ADDRESS], Florida
Date of Injury: [DATE]
Host: [HOST NAME]
Dear Sir or Madam:
This letter constitutes formal notice of a third-party bodily injury claim under Airbnb's Host Protection Insurance program.
INCIDENT DETAILS:
On [DATE], I was a guest at the above property booked through Airbnb reservation [CONFIRMATION NUMBER]. During my stay, I was injured when [DESCRIBE ACCIDENT] due to a dangerous condition on the property.
CLAIM SUMMARY:
[Brief description of injuries and damages]
TOTAL CLAIM: $[AMOUNT]
Please open a claim and provide the contact information for your Host Protection Insurance claims administrator.
I have separately notified the host and property owner of this claim. Please preserve all records related to this property and reservation.
Sincerely,
[YOUR NAME]
Florida Vacation Rental Injury Attorney Services
I represent injured vacation rental guests throughout Florida, including Miami Beach, Orlando, Tampa, the Florida Keys, and all Florida destinations. My practice focuses on overcoming Florida's heightened burden of proof for premises liability claims.
Fee Structure
📄
Demand Letter Only
$450
Flat fee for professional demand letter drafting with Florida law citations
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Hourly Consultation
$240/hr
Legal advice, case evaluation, and strategy sessions
💰
Contingency Representation
33-40%
Full representation with no upfront costs
Injured at a Florida Vacation Rental?
I offer free initial consultations for vacation rental injury cases. Contact me to discuss your claim.
Under Florida Statutes Section 95.11(3)(a), you have 4 years from the date of injury to file a personal injury lawsuit against an Airbnb host, VRBO owner, or property management company. However, acting quickly is essential to preserve evidence and establish liability before memories fade and conditions change.
Under F.S. 768.0755, if you slip on a transitory foreign substance (water, spilled liquid, debris) at a vacation rental, you must prove the property owner had actual or constructive knowledge of the hazardous condition. Constructive knowledge means the condition existed long enough that a reasonably careful owner should have discovered it, or the condition was foreseeable because it occurred regularly. For vacation rentals, evidence of prior complaints, cleaning schedules, or recurring hazards is crucial.
Multiple parties may be liable: (1) The property owner for dangerous conditions they knew or should have known about; (2) The Airbnb host (if different from owner) for failure to warn or maintain; (3) Property management companies for negligent maintenance; (4) Airbnb or VRBO may have limited liability under the Communications Decency Act, but their Host Protection Insurance (up to $1 million) may cover your claim. Florida law allows you to pursue all responsible parties.
Florida premises liability law allows recovery for any injury caused by the property owner's negligence. Common vacation rental injuries include: pool and hot tub injuries (drowning, slip and falls, chemical burns), staircase falls, balcony collapses or falls, defective furniture injuries, bed bug infestations, carbon monoxide poisoning, fire injuries from faulty wiring, mold exposure, and slip and falls on wet surfaces. You can recover medical expenses, lost wages, pain and suffering, and permanent impairment.
Airbnb's Host Protection Insurance provides up to $1 million in liability coverage per occurrence for third-party bodily injury claims. However, this insurance is secondary to any homeowner's or landlord's insurance the host may have. The policy has exclusions for intentional acts, certain business activities, and communicable diseases. Your demand letter should be sent to both the host and Airbnb's insurance administrator to trigger coverage.
Under Florida's modified comparative negligence rule (effective March 2023), if you are found more than 50% at fault for your injury, you cannot recover any damages. If you are 50% or less at fault, your damages are reduced by your percentage of fault. Property owners often argue the hazard was open and obvious or that you were not paying attention. Documenting the hidden nature of the hazard and any failure to warn is essential.