Injured at a Short-Term Rental? You May Have a Claim

Catastrophic Injury at a Vacation Rental? You May Have a Claim Against the Property Owner

You rented what looked like a safe vacation property. Then an accident happened—a balcony collapse, a drowning, an assault due to poor security, a fire, or a fall from height. Now you’re facing spinal cord injury, paralysis, traumatic brain injury, amputation, severe burns, or worse. Your vacation is over. Your life has changed forever.

If your catastrophic injury at a vacation rental is permanent, the property owner may be liable. This page explains what that means, how to pursue a claim, and what to expect. CHG focuses exclusively on catastrophic injuries from vacation rental accidents. We do not handle minor sprains, soft-tissue injuries, or routine fractures. If your injury is life-altering, we can help.

When a Vacation Rental Injury Changes Your Life

A catastrophic injury causes permanent impairment or disability. It includes spinal cord injuries and paralysis (paraplegia and quadriplegia), traumatic brain injuries (TBI), amputations and limb loss, severe burns, catastrophic back and neck injuries, and wrongful death. These injuries reshape your body, your independence, your income, and your future.

Vacation rental injuries that cause catastrophic harm often result from the property owner’s negligence. This includes:

• Failure to maintain safe conditions
• Failure to disclose known hazards
• Failure to provide adequate security
• Failure to warn guests of dangers

When an owner’s negligence causes your catastrophic injury at a vacation rental, you may have a legal claim for compensation.

This page is for people injured catastrophically at Airbnb, VRBO, HomeAway, or other short-term rental properties in Florida or nationwide. If your injury is catastrophic, read on. If you have questions, contact CHG for a free case evaluation.

What a Vacation Rental Accident Lawyer Covers: Catastrophic Injuries

CHG focuses exclusively on catastrophic injuries sustained at vacation rental properties. We pursue claims for:

• Spinal cord injuries and paralysis (paraplegia and quadriplegia) caused by falls, structural collapses, or other trauma
• Traumatic brain injuries (TBI) from falls, assaults, or accidents
• Amputations and limb loss from machinery, structural failures, or accidents
• Severe burns from fires, explosions, or chemical exposure
• Catastrophic back and neck injuries causing permanent impairment
• Wrongful death when a vacation rental accident is fatal

We also handle claims arising from specific hazards and negligence patterns:

• Structural failures: Balcony collapses, deck failures, stair collapses, and railing failures that cause falls from height
• Drowning and water hazards: Unsecured pools, hot tubs without lifeguards or safety equipment, and lack of warning signs
• Falls: Broken stairs, inadequate lighting, slippery surfaces, missing railings, and uneven flooring
• Fires and smoke hazards: Faulty wiring, missing or non-functional smoke detectors, blocked exits, and flammable materials
• Inadequate security: Broken locks, missing gates, poor lighting, no cameras, and no security personnel—enabling assault, sexual assault, robbery, or shooting
• Toxic hazards: Mold, carbon monoxide, chemical exposure, and pest infestations
• Failure to disclose: Owners who hide known hazards increase the risk of injury

We pursue liability claims against property owners, managers, vacation rental platforms (Airbnb, VRBO, etc.), and other responsible parties. We also recover compensation from property owner’s liability insurance, platform insurance, and other available sources.

Who Is Liable for Your Vacation Rental Injury?

Property owners and managers have a legal duty of care to keep their rental properties safe for guests. Under Florida law, they must:

• Maintain the property
• Fix known hazards
• Provide adequate security
• Warn guests of dangers

When they breach that duty and you are injured, they can be held legally liable.

This duty of care applies equally to short-term vacation rentals as it does to hotels and apartments. The fact that you rented for a week instead of a year does not reduce the owner’s responsibility.

Liability can extend to:

• The property owner (individual or company)
• The property manager or management company
• The vacation rental platform (Airbnb, VRBO, etc.) in some cases
• Contractors hired to maintain the property
• Third parties whose negligence contributed to your injury

The legal framework is called premises liability. Under Florida Statute § 768.81, it holds property owners accountable when their negligence causes injury to guests on their property.

How Vacation Rental Injury Claims Work: Step-by-Step

Understanding the claims process removes uncertainty and helps you know what to expect.

Step 1: Immediate medical care and evidence preservation.

Seek emergency care if needed. Document your injuries with medical records, photographs, and written notes. Preserve evidence from the property—photographs of the hazard, maintenance records if available, security footage, and witness contact information. Report the incident to the property owner, manager, or platform immediately and keep copies of all communications.

Step 2: Consult with a lawyer.

Contact CHG for a free, confidential case evaluation. We review your medical records, the circumstances of the accident, the property’s maintenance history, and applicable insurance. We determine whether you have a viable claim. This consultation is confidential and creates no obligation.

Step 3: Investigation.

We investigate the property’s condition, maintenance records, prior complaints or incidents, security measures, and the owner’s knowledge of the hazard. We may hire experts—structural engineers, medical specialists, security experts—to establish that the owner’s negligence caused your injury. We also obtain the property’s history from local building departments and code enforcement records.

Step 4: Demand and negotiation.

We send a detailed demand letter to the property owner’s insurance company. It explains your injury, your damages, and the owner’s liability. We negotiate a settlement. Most cases resolve at this stage.

Step 5: Litigation (if necessary).

If the insurance company does not offer fair compensation, we file a lawsuit in the appropriate Florida court (or federal court if the case involves parties from different states). We prepare your case for trial. We handle all discovery, expert reports, and trial preparation.

Step 6: Recovery.

Once a settlement or judgment is reached, we handle the logistics of payment. We ensure you receive your compensation.

Timeline: How Long Does This Take?

Statute of limitations: In Florida, you generally have four years from the date of injury to file a premises liability lawsuit under Florida Statute § 95.11. Do not wait. Evidence degrades, witnesses move, and memories fade.

Investigation phase: 2–6 months. We gather medical records, property records, maintenance logs, and expert reports.

Demand and negotiation: 2–4 months. We send a demand and negotiate with the insurance company.

Settlement or litigation: If settled, 1–3 months to finalize. If litigated, 1–3 years depending on court schedules and case complexity.

Total timeline: Most cases resolve within 1–2 years. Complex cases or those requiring trial may take longer.

Understanding Comparative Negligence in Florida

Florida follows a comparative negligence rule under Florida Statute § 768.81. If you were partially at fault for your injury, your compensation may be reduced by your percentage of fault. However, there is a critical limit: if you are found more than 50% at fault, you cannot recover anything.

Example: You were injured in a fall at a vacation rental because the stair railing was missing (the owner’s negligence). However, you were also intoxicated and not paying attention (your negligence). A court might find you 20% at fault and the owner 80% at fault. Your compensation would be reduced by 20%, but you would still recover 80% of your damages.

The property owner’s negligence must be the primary cause of your injury. We build a strong case showing that the owner’s failure to maintain the property or provide adequate security was the substantial cause of your catastrophic injury.

Why Waivers Often Do Not Protect Property Owners

Many vacation rental platforms and property owners ask guests to sign waivers or liability disclaimers before check-in. Guests often assume these waivers are binding and that they cannot sue if injured. This is a common barrier to action—and it is often incorrect.

Under Florida law, waivers are frequently unenforceable, especially when they attempt to waive liability for gross negligence or willful misconduct. A waiver cannot shield an owner from liability if the owner’s conduct was reckless or intentional.

Examples:

• A waiver cannot excuse a property owner who knows a balcony is structurally unsafe and does nothing
• A waiver cannot excuse an owner who disables security cameras or removes locks to cut costs
• A waiver cannot excuse an owner who fails to warn of a known toxic hazard like active mold or carbon monoxide

We review any waiver you signed to determine whether it affects your claim. In many cases, the waiver is unenforceable, and your right to sue remains intact. Do not assume a waiver prevents you from pursuing compensation.

Insurance Coverage and Recovery Options

Most vacation rental properties are covered by liability insurance. This is the primary source of recovery. We also pursue:

• Vacation rental platform insurance: Airbnb, VRBO, and other platforms offer some coverage for guest injuries, though it is often limited and subject to exclusions
• Umbrella or excess policies: Some owners carry additional coverage beyond their primary policy
• Owner’s personal assets: In some cases, we may pursue the owner’s personal assets if insurance is insufficient
• Wrongful-death benefits: If your injury is fatal, surviving family members may recover funeral expenses, lost income, loss of companionship, and pain and suffering

Contingency Fees: How We Work With You

We work on a contingency-fee basis. This means:

• You pay nothing upfront. No retainer, no hourly fees, no costs out of your pocket.
• We advance costs. We pay for investigation, expert reports, court filings, and other expenses.
• We recover a percentage of your settlement or judgment. Our fee is a percentage of what we recover for you—typically 25–40% depending on case complexity and whether litigation is necessary.
• If we do not recover, you owe us nothing. No recovery means no fee.

This model removes financial barriers to pursuing your claim. You do not have to choose between medical care and legal representation.

Frequently Asked Questions

What Happens Next?

If you or a family member suffered a catastrophic injury at a vacation rental in Florida or elsewhere, the property owner may be liable for your injury. You may be entitled to substantial compensation.

The first step is a free, confidential case evaluation. We will review your injury, the circumstances of the accident, and the property’s condition. We determine whether you have a viable claim. There is no obligation, and we do not charge for this consultation.

If you suffered a catastrophic injury—spinal cord damage, paralysis, traumatic brain injury, amputation, severe burns, or worse—at a vacation rental, you may have a claim against the property owner. Contact CHG today for a free case evaluation. Our licensed Florida attorneys are ready to listen and help you understand your options.

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