Assaulted at a Short-Term Rental? You May Have a Legal Claim

Assaulted at a Short-Term Rental in Florida? Your Legal Rights to a Negligent Security Claim

You rented what seemed like a safe place to stay. Instead, you were attacked, assaulted, robbed, or sexually assaulted—or a loved one was killed—because the owner failed to provide basic security. This is not your fault.

You may have the right to hold the property owner accountable. This is called a negligent security claim. It is a legal action based on the owner’s failure to provide reasonable security measures.

This page explains what that means, how it works, and what your options are.

When You Were Assaulted at a Short-Term Rental, You May Have a Legal Claim

When a property owner fails to take reasonable steps to protect guests from foreseeable harm—including violent crime—they may be held legally responsible.

This is separate from any criminal charges against the attacker.

You don’t need the attacker to be caught or convicted. Your claim is about the owner’s failure to provide reasonable security. Both the owner and the attacker can be held responsible.

What Is Negligent Security?

Negligent security holds property owners accountable when they fail to maintain reasonable security measures.

Short-term rental owners have a legal duty to protect paying guests from known or foreseeable risks of harm. This includes violent crime.

When an owner ignores that duty—by failing to install working locks, adequate lighting, security cameras, or other reasonable security measures—and a guest is attacked, the owner may be liable for the injuries or death that follows.

This applies to all types of short-term rentals: Airbnb properties, VRBO listings, vacation homes, condos, and other properties rented to guests for short periods.

What the Owner’s Legal Duty Actually Means

Florida law requires property owners to exercise “reasonable care” to protect guests from foreseeable harm. Reasonable care is not perfection. It’s the level of security a responsible owner would provide.

Reasonable security typically includes:

• Functioning locks and deadbolts on all doors and windows
• Adequate exterior and interior lighting to deter intruders and allow guests to see clearly
• Working security cameras or surveillance systems that monitor entry points and common areas
• Secure entry gates or controlled access to the building or property
• Prompt response to maintenance issues that compromise security (broken locks, burned-out lights, damaged gates)
• Awareness of crime patterns in the neighborhood and adjustment of security accordingly

If the property is in a high-crime area or has a history of break-ins or assaults, the owner’s duty to provide security is even higher.

An owner cannot ignore reports of crime, known security gaps, or maintenance failures and claim they didn’t know about the risk.

Types of Attacks That Give Rise to Negligent Security Claims

Negligent security claims arise from many types of violent crimes at short-term rentals:

• Home invasion or break-in by an intruder who entered through an unsecured door or window
• Sexual assault or rape by an intruder or another guest who was not properly screened or monitored
• Robbery or theft by someone who gained access due to inadequate security
• Violent assault or beating by an intruder or another occupant
• Shooting or gun violence by someone who should have been prevented from accessing the property
• Stalking or harassment that escalated to physical harm because the owner failed to respond to warnings

These attacks often result in catastrophic injuries: severe trauma, permanent psychological harm, spinal cord injury, traumatic brain injury, or death.

Learn more about catastrophic injury claims and wrongful death claims.

How Short-Term Rental Platforms Factor In (And Why They Don’t Limit Your Rights)

Many short-term rentals are listed on platforms like Airbnb, VRBO, Booking.com, or similar services. These platforms have their own insurance and liability policies.

But here’s what matters: the platform’s insurance does not replace or limit the property owner’s legal responsibility to you.

The platform’s insurance may cover some claims. But it often does not cover negligent security claims fully. It may even deny coverage if the owner failed to disclose known security issues.

Your claim against the owner is separate and independent. You can pursue it even if the platform’s insurance denies coverage or offers only partial compensation.

An experienced attorney will investigate all potential sources of recovery, including:

• The owner’s homeowner’s or landlord’s insurance
• The platform’s coverage
• The owner’s personal assets

What You Need to Prove: The Elements of a Negligent Security Claim

To succeed in a negligent security claim, you must establish five things:

1. The owner owed you a duty of care — They did. You were a paying guest.
2. The owner breached that duty — They failed to maintain reasonable security (broken locks, no lighting, no cameras, ignored maintenance requests).
3. The breach directly caused the attack — The attacker gained access or was not deterred because of the security failure.
4. You suffered serious, permanent injury or death — This is consistent with catastrophic harm.
5. Your damages are quantifiable — Medical bills, lost income, pain and suffering, and wrongful death damages.

How the Legal Process Works

Understanding what to expect can help you feel more prepared.

Initial consultation: You meet with an attorney to describe what happened. The attorney gathers basic facts and reviews any evidence you have: photos, police reports, medical records, and communications with the owner or platform.

Investigation: The attorney’s team investigates the property, its security features (or lack thereof), the owner’s maintenance history, prior complaints or incidents, crime data for the area, and the circumstances of the attack.

Demand letter: Your attorney sends a detailed letter to the owner and their insurance company. It outlines the facts, the legal basis for liability, and your damages. This often prompts settlement discussions.

Negotiation: Most cases settle during this phase. Insurance adjusters and defense counsel evaluate the strength of your claim and the cost of litigation versus settlement.

Litigation (if necessary): If settlement talks stall, your attorney files a lawsuit. Discovery (exchange of documents and testimony) follows. The case may proceed to trial or mediation.

Timeline: Simple cases may settle within 6–12 months. Complex cases or those involving catastrophic injury or death may take 1–3 years or longer.

Evidence That Strengthens Your Claim

Strong evidence is crucial. Gather and preserve:

• Police report documenting the assault, break-in, or crime
• Medical records and bills showing the extent of your injuries
• Photos or video of the property’s security deficiencies (broken locks, missing lights, no cameras)
• Maintenance records or repair requests you submitted before the attack
• Prior complaints or incident reports filed by other guests
• Crime statistics or police data for the neighborhood
• Communications with the owner or platform about security concerns
• Witness statements from other guests or neighbors
• Expert testimony from a security professional about what reasonable security should have included

Common Questions Answered

Why This Matters

Attacks at short-term rentals often result in life-altering harm. Victims and their loved ones face enormous medical bills, lost income, ongoing care needs, and emotional devastation.

Property owners have a responsibility to prevent foreseeable harm. When they ignore that responsibility—cutting corners to save money—they should be held accountable.

Holding owners liable also sends a message: security matters.

Learn more about premises liability claims.

How We Can Help

We focus exclusively on catastrophic injury and wrongful death claims, including those arising from negligent security at short-term rentals. Here’s what we do:

• Investigate thoroughly: We examine the property, review security systems, analyze crime data, and interview witnesses.
• Work with experts: We collaborate with medical specialists, security professionals, and economists to build a strong case and calculate fair damages.
• Handle all communication: We manage all contact with insurers and defense counsel, so you can focus on recovery.
• Licensed and experienced: We are licensed to practice in Florida and handle cases nationwide.
• Contingency basis: You pay no upfront fees. We are only paid if we recover compensation for you.

Learn more about our firm and our case results.

Take the Next Step

If you were assaulted at a short-term rental in Florida—or if a loved one was killed—we want to hear from you.

There is no cost to discuss your situation, and no obligation to hire us. We will listen to what happened, answer your questions, and explain your options.

Contact us today for a free, confidential case evaluation.