Injured at Your Fort Myers Airbnb Rental? Here’s What You Need to Know.

What happens if you’re injured at your Fort Myers Airbnb rental?

Southwest Florida is a popular destination for short-term rentals arranged on virtual platforms like Airbnb and Vrbo. Communities like Fort Myers, Cape Coral, Sanibel and Naples have always been popular tourist destinations. It’s just that Vrbo and Airbnb vacation rentals offer an alternative option for more unique experiences one may not get from a hotel. In a single recent year, Florida led the U.S. in Airbnb tax revenue, raking in nearly $390 million in 2023 — a 25 percent increase in just two years.

Most visitors depart with cherished memories. From time-to-time, however, some leave with serious injuries.

Common Florida Vacation Rental Injuries

Examples of vacation rental injuries that have led to litigation:

Slip-and-falls. Wet floors, loose rugs, broken stairs, or poor lighting can lead to serious falls.
Structural defects. Collapsing balconies, unsafe railings, and faulty staircases can lead to catastrophic injuries.
Swimming pool accidents. Many Airbnb properties in Southwest Florida feature pools, which can be a major hazard if the property owner isn’t meticulous in their maintenance. Lack of proper fencing, covers, or warning signs have led to tragedy.
Electrical and fire hazards. Faulty wiring, exposed electrical outlets, or missing smoke detectors can result in severe burns or electrocution.
Defective furniture or appliances. A broken chair, bed, or malfunctioning stove, grill, or kitchen appliance can cause unexpected injuries to Airbnb guests.
Negligent security. If the property lacked adequate security features – especially if there had been a history of complaints about security and/or criminal activity – and someone is harmed as a result, that can be grounds for a premises liability claim.

If you’re injured at your Fort Myers Airbnb, it’s important to consult with a local personal injury lawyer who is closely familiar with how Florida’s premises liability laws apply in these cases. We will explore the specific facts of your case to determine whether you have a case to file a claim for coverage of your medical expenses, lost wages, and pain and suffering. The Fort Myers injury lawyers at Garvin Injury Law can help you navigate the complex legal landscape of Airbnb injuries and advocate for the compensation you deserve.

Who Can Be Held Liable if You’re Injured at Your Fort Myers Airbnb?

Determining liability for a vacation rental injury is often complex because multiple parties may be responsible — and you may have a limited amount of time and a single shot to secure that accountability. That’s why having a solid legal strategy at the outset is imperative.

Most commonly in these cases, a South Florida personal injury lawyer is going to most carefully scrutinize the potential liability of:

The Airbnb Host. Florida’ premises liability law imposes onto owners and/or controllers of a property a duty of care to maintain a reasonably safe environment for their guests. If an Airbnb host fails to repair hazards, provide proper warnings, or otherwise maintain a safe property, they can be held liable under Florida’s premises liability laws. That includes not just hazardous conditions on site like slip-and-fall risks (as noted in F.S. 768.0755), but also criminal activity. If there has been dangerous criminal activity at or near the property, the property owner has a legal responsibility to minimize that threat to lawful guests and also to provide them adequate warning of it. If they fail to do so, they can be held liable per F.S. 768.0701.
Airbnb the Company. Airbnb has a $1 million Host Protection Insurance Policy that can cover a number of injuries caused by host negligence. However, there are many exclusions, such as injuries due to intentional acts or structural defects. Beyond that, however, the company typically shields itself from liability through its Terms of Service. In some cases, the company may be liable if it failed to vet a host or allowed a dangerous property to remain listed despite a history of complaints.
Third-Party Vendor or Contractor. If you were injured at your Fort Myers Airbnb because of negligent construction work, faulty repairs, or defective appliances, a third-party contractor, maintenance company, or product manufacturer could be liable. For example, if a faulty blender caused an injury, the company that made or sold it could be liable. If a faulty railing resulted in a fall, the company that installed it could be responsible.

Why You Need a Fort Myers Injury Lawyer for an Airbnb Injury Case

Pursuing compensation for an Airbnb injury in Fort Myers is not as straightforward as a typical personal injury case. Unlike a standard hotel or business, Airbnb cases are often complicated by contractual loopholes, corporate protections, and insurance disputes.

Our Fort Myers personal injury lawyers can work to help you determine liability, negotiate with Airbnb’s insurance company (the Host Protection Insurance doesn’t guarantee your injuries will be covered), and file a personal injury lawsuit if necessary.

If you are injured in Fort Myers, Naples or Key West, contact Garvin Injury Law at 800.977.7017 for a free initial consultation.

Additional Resources:

Premises Liability: A Notable Rift in the Law of Foreseeable Crimes, Dec. 2009, By Wilton H. Strickland, Florida Bar Association

More Blog Entries:

The Risk of Rushing to Settle Your Naples Personal Injury, July 16, 2024, Fort Myers Personal Injury Lawyer