Hurt at a Vacation Rental in Florida? Talk to a Florida Injury Firm Before You Decide Anything.

Florida vacation rental accident lawyer for catastrophic injuries

By Igor Hernandez, CHG Lawyers, Coral Gables, Florida

Hurt at a Florida vacation rental? A Florida vacation rental accident lawyer can explain what may be possible after a rental injury.

You booked a house, condo, or apartment in Florida for a family trip. Or you planned a visit with relatives. Then a balcony gave way. A pool gate did not latch. A stair railing pulled loose.

Now you, or someone you love, may face a spinal cord injury, a brain injury, an amputation, severe burns, or worse.

CHG Personal Injury Lawyers is based in Coral Gables, Florida. We help Florida residents and visitors understand what may be possible after a rental accident. The firm handles personal injury claims of any severity.

CHG charges no attorney’s fees and no case costs unless there is a recovery.

Hurt as a Guest, Visitor, or Family Member at a Florida Rental

Injuries at rentals do not only happen to the person who signed the booking. Guests, children, visiting relatives, and friends are often the ones who get hurt.

A person who is lawfully on the property and gets injured there may have questions about who is responsible. This is true even if they never spoke to the owner.

Whether a claim exists depends on the medical records, the accident circumstances, and applicable Florida law.

When a Rental Injury Changes Your Life

A catastrophic injury may cause permanent impairment. This means lasting loss of body function. Catastrophic injuries include:

• Spinal cord injuries and paralysis (paraplegia and quadriplegia)
• Traumatic brain injuries (TBI)
• Amputations and limb loss
• Severe burns
• Catastrophic back and neck injuries
• Wrongful death

These injuries can change your body, your independence, your income, and your future.

If a rental accident is fatal, surviving family members may have claims. Whether they do depends on the details of the case and applicable Florida law.

Hazards That May Be Relevant to a Florida Vacation Rental Accident Claim

Vacation rental injuries may involve conditions that the property owner, manager, or another responsible party failed to address. Examples include:

• Structural failures: Balcony collapses, deck failures, stair collapses, and railing failures
• Drowning and water hazards: Unsecured pools, hot tubs without lifeguards, and missing warning signs
• Falls: Broken stairs, poor lighting, slippery surfaces, missing railings, and uneven flooring
• Fires and smoke: Faulty wiring, missing smoke detectors, blocked exits, and flammable materials
• Inadequate security: Broken locks, missing gates, poor lighting, no cameras, and no security staff
• Toxic hazards: Mold, carbon monoxide, chemical exposure, and pest infestations
• Failure to disclose: Hiding known hazards may be relevant to a claim

Pool barriers. Florida’s residential swimming pool barrier statute, Fla. Stat. § 515.29, sets specific requirements. Under this statute, a residential swimming pool barrier must have all of the following characteristics.

• A barrier must be at least 4 feet high on the outside.
• Pool gates must open outward, away from the pool.
• Pool gates must be self-closing.
• Pool gates must have a self-latching locking device.

Whether this statute applies to a particular property turns on the specific property. Whether a barrier problem played a role in an injury turns on the specific case.

Who May Be Responsible for a Vacation Rental Injury?

Each situation turns on its own facts. That includes who controlled the property and what safety measures were in place. This may include:

• Maintaining the property
• Providing adequate security

Whether a party failed to use reasonable care depends on what that party knew and did. It also turns on the specific case.

Florida’s lodging statute classifies a vacation rental as a transient public lodging establishment. Whether a particular rental is covered depends on how Florida law defines the property, so the specific facts of each rental matter. See Fla. Stat. § 509.242.

The definitions used in this chapter appear in Fla. Stat. § 509.013.

This distinction can matter for guests in condos and apartments. That is why the rental agreement is worth reviewing with CHG.

Depending on the circumstances, responsibility may 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 (failure to use reasonable care) contributed to the injury

Florida Comparative Fault and the Alcohol or Drug Defense

Florida law addresses how fault is divided among people who contributed to an accident. This is called comparative fault. Fla. Stat. § 768.81 covers apportionment of fault. Apportionment means splitting fault among the people involved. How it applies depends on the type of action.

Under Fla. Stat. § 768.0701, in a lawsuit for damages brought against the owner, lessor, operator, or manager of commercial or real property by someone who was lawfully on the property and was hurt by a third party’s criminal act, the trier of fact (the judge or jury) must consider the fault of all persons who contributed to the injury. A lessor is the person who rents out property. Comparative fault may affect how much a person can recover.

Florida also has an alcohol or drug defense. Under Fla. Stat. § 768.36, in any civil action, a plaintiff may not recover any damages for loss or injury to his or her person or property if the trier of fact finds the following. A plaintiff is the person who files the lawsuit.

• At the time of injury, the plaintiff was under the influence of alcohol or a drug to the extent that normal faculties were impaired. A drug does not include a prescription medication taken in accordance with the prescription, or a medication authorized under state or federal law for general use without a prescription and taken at the recommended dosage. Or the plaintiff had a blood or breath alcohol level of 0.08 percent or higher.
• As a result, the plaintiff was more than 50 percent at fault for his or her own harm.

The statute’s definitions and exceptions apply. Whether this defense could apply here turns on the specific circumstances.

How Waivers May Affect a Vacation Rental Claim

Some rental agreements include waivers or liability disclaimers. A waiver is a document that tries to limit someone’s right to sue. Guests often sign them at check-in.

Guests may assume a waiver ends their right to a claim. Whether a waiver affects a claim depends on its terms and on Florida law.

Situations CHG would review with you include:

• A balcony the owner knew was structurally unsafe
• Security cameras or locks that were disabled
• A known toxic hazard that was not disclosed to guests

Steps to Take After a Florida Vacation Rental Accident

Step 1: Get medical care and keep records. Get emergency care if you need it. Follow your doctors’ guidance. Keep medical records, photographs, and written notes.

Preserve evidence, which means keeping it safe and unchanged. This may include:

• Photographs of the hazard
• Maintenance records
• Security footage
• Witness contact information

Report the incident to the owner, manager, or platform.

Step 2: Contact CHG. CHG reviews your medical records, the accident circumstances, the property’s maintenance history, and any applicable insurance. CHG charges no attorney’s fees and no case costs unless there is a recovery.

Step 3: Investigation. CHG investigates the property’s condition, maintenance records, prior complaints, security measures, and the owner’s knowledge of the hazard. CHG may consult engineers, medical professionals, or security consultants. These outside professionals may help evaluate what caused the injury.

Step 4: Demand and negotiation. CHG may send a detailed demand letter. This is a written request for payment. It goes to the property owner’s insurance company. The letter explains the injury, the losses, and the basis for the owner’s responsibility. Negotiation may follow.

Step 5: Litigation, if necessary. If the insurance company does not offer fair compensation, CHG may file suit in the appropriate Florida court. Litigation means taking the case to court. CHG may then prepare the case for trial. This includes discovery, the exchange of evidence between the sides, and expert reports.

Step 6: Recovery. Once a settlement or judgment is reached, CHG handles payment logistics. A judgment is a court’s final decision.

Filing Deadlines

Florida law sets deadlines for filing many civil lawsuits under Fla. Stat. § 95.11.

Which deadline applies depends on the type of claim, when it arose, and the details of your case. Do not wait. Evidence can be lost, witnesses may move, and memories can fade. Contact CHG promptly.

Insurance and Recovery Options

Liability insurance may be one source of recovery. This depends on the property and the circumstances. CHG may also look at:

• Vacation rental platform policies: Airbnb, VRBO, and other platforms may have policies that apply to guest injuries, depending on the facts.
• Umbrella or excess policies: Owners may carry coverage beyond their main policy.
• Other assets: If insurance is not enough, CHG may evaluate whether other assets may be pursued.

No outcome can be promised. Recovery turns on the specifics of each case.

How CHG Charges for Its Work

CHG charges no attorney’s fees and no case costs unless there is a recovery.

Frequently Asked Questions

What Happens Next?

If you or a family member was seriously injured at a Florida vacation rental, house, condo, or apartment, the property owner may be responsible. That turns on the specific circumstances.

Whether a claim exists depends on the medical records, the accident circumstances, and applicable Florida law.

Contact CHG Personal Injury Lawyers to talk through your options. CHG charges no attorney’s fees and no case costs unless there is a recovery. Igor Hernandez is admitted in Florida as a member of The Florida Bar.