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Florida Airbnb Accident and Injury & Lawyers

Panter, Panter & Sampedro is a leading personal injury law firm dedicated to protecting Florida’s families. For over 30 years, our experienced trial attorneys have worked one-on-one with clients to successfully get the justice, recovery and compensation they deserve.

Airbnb & Vacation Rental Attorneys Dedicated to Helping Accident Victims Since 1991

Panter, Panter & Sampedro

Our legal team has litigated an array of complex cases for over 30 years, including vacation rental personal injury claims. If you have suffered a serious injury during your stay at a property, our personal injury lawyers can help you today. We can answer your questions and provide insight for pursuing your Airbnb, VRBO, and other vacation rental lawsuits. Our skilled premises liability and insurance attorneys practice law with the highest ethical standards in the legal profession and are dedicated to getting you justice. Our firm has obtained verdicts and settlements in excess of $100 million for our clients. Call us now at 305-501-6751 for a FREE CONSULTATION.

Short-Term Rental Property Basics

Florida law defines a vacation rental as “any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, or four-family house or dwelling unit that is also a transient public lodging establishment but that is not a timeshare project.” By this definition, Airbnb locations and other short-term vacation rentals, such as HomeAway or VRBO, fall under this category. 

That is where we step in. Our experienced team has what it takes to ensure that you get a fair outcome. Whether you are a landlord or a tenant, we can help. We have helped many people throughout Miami and all of Florida, and we are ready to help you too.

Who Is Liable If I am Injured While Staying at an Airbnb or VRBO in Florida?

Injuries sustained at a Florida Airbnb property would fall under the legal concept of premises liability. An owner or location host has a legal responsibility to ensure that the rental space is properly maintained and safe for visitors.  In order to prove liability, however, the following two conditions must be present. Firstly, an individual would need to prove that there was a dangerous condition. Then an individual must prove that the owner of the property, or the person in control of the property, knew or should have known of that dangerous condition. The accident can then be said to have occurred due to the location host’s negligence. 

I Was Injured During My Florida Airbnb Stay. Can I Sue the Airbnb Owner If I am Injured on Their Property?

Airbnb accidents are subject to Florida premises liability law. According to Airbnb’s Terms of Service, a guest may sue the host of the property if they sustained an injury during their stay, there was property damage at the location, or if they experienced a refund issue. The Terms explicitly state that the company (Airbnb) may not be held liable by an individual who has stayed at an Airbnb host’s property.

Airbnb AirCover & Airbnb Host Guarantee

Airbnb AirCover

When a property owner agrees to list their site as a short-term vacation rental on Airbnb, they are automatically agreeing to be enrolled in Airbnb’s free “AirCover” policy, formerly known as “Host Protection Insurance”. The newly expanded policy covers claims up to $1 million in the event of bodily injury or property damage, and is available in fifteen countries. Additional coverage includes: pet damage protection, deep cleaning protection, income loss protection, a 14-day filing window, and quick reimbursements.

AirCover does not cover every incident, and Airbnb lists several exclusions including: sickness resulting from asbestos or Chinese drywall, and intentional acts or injuries resulting from assault and battery. Further, communicable diseases, bacteria, and product liability claims are not covered underAirCover. For a full list, a property owner should visit www.airbnb.com/aircover.

Airbnb Host Guarantee

Property owners listing on Airbnb are automatically enrolled in two free services, AirCover and Airbnb Host Guarantee. In contrast to AirCover, the Airbnb Host Guarantee protects property owners against damage caused by their guests. Under the policy, a property owner may recuperate up to $1 million in damages to their property if a guest does not pay them back for damages caused by guests during their stay. The Host Guarantee applies to all Airbnb hosts around the world except for those in Mainland China and Japan, and hosts who offer accommodations through Airbnb Travel, LLC.

Airbnb’s Host Guarantee may include reimbursement for the following:

  • Damage to a host’s property caused by guests
  • Damage to a host’s belongings caused by guests
  • Damage caused to a host’s property or belongings caused by a service animal (not a pet) 

Since the Guarantee works more like a promise than an actual policy, Airbnb reserves the right to change the language of their Guarantee at any time, and the company can choose to deny coverage, or only pay part of the damages claimed.   

Examples of what Airbnb’s Host Guarantee does not cover includes money, land, animals, watercrafts, vehicles, fine art, excessive utility use, damage caused after the booking period, damage due to illegal activity, and damage caused by guests’ pets. A property owner should read the full list of exclusions and limitations before listing their site at www.airbnb.com/help/article/2869/host-damage-protection-terms.

Other Insurance Coverage & What To Do

Am I Covered by My Airbnb Host’s Florida Homeowner’s Insurance Policy?

Most homeowners’ insurance will not cover Airbnb rentals. If an individual tries to file a property damage or bodily injury claim through their Florida’s Homeowner’s Insurance, the claim will most likely be denied, and in some cases, the policy may be canceled altogether. Since renting out a home is considered a business transaction, a host must acquire business insurance to provide additional coverage for themselves, their property, and their guests. 

What Should I Do If I’m Hurt While Staying at an Airbnb?

If an individual is injured while staying at an Airbnb short-term rental, they should immediately seek medical attention. Then, they should check Airbnb’s website to see what is covered under the company’s AirCover (host protection insurance).

Property owners have a responsibility to ensure that their property is maintained and provides a safe environment for guests. If there is reason to believe that a property owner knew of a dangerous condition present in their home and failed to remedy it before renting the property, a guest could have a valid premises liability claim. 

Individuals harmed at a short-term rental property should contact an experienced premises liability attorney as soon as possible. An attorney can help to determine if an individual is eligible to make a claim for compensation for injuries sustained on the property.

Hire an Experienced Vacation Rental Lawyer Today!

If you or a loved one has been injured as a result of a property owner’s negligence, you may be entitled to recover damages from a premises liability case. At Panter, Panter & Sampedro can help you understand your options and seek compensation to cover medical expenses, lost wages, pain and suffering, and other damages. Call us today at 305-662-6178 for a FREE CONSULTATION.

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Personal Injury

Frequently Asked Questions

  • Panter, Panter & Sampedro is among the leading personal injury law firms in South Florida. For more than 30 years, our Board Certified trial attorneys have represented individuals injured by negligent parties in cases of significant size and complexity across various practice areas.

    We are a different kind of law firm, with the legal skill and expertise needed to serve our clients, and an unwavering dedication to family values.

    We believe our success, both inside and outside the courtroom, is defined by what we care about — it’s that simple. Panter, Panter & Sampedro is an award-winning personal injury law firm — but more than that — it is a group of people that genuinely cares about protecting the rights of individuals suffering as a result of wrongdoing and negligence.

  • With a track record of success in working closely with each client, our legal team has secured millions of dollars in compensation for thousands of accident victims and their families over the course of three decades. We guide our clients through the entire legal proceedings, from filing the initial complaint to assisting with the proper distribution of funds once compensation is awarded.

    Our vast trial experience includes substantial verdicts and settlements in cases involving motor vehicle accidents, medical malpractice, product liability, slip-and-fall, catastrophic injuries, wrongful death and more.

    Panter, Panter & Sampedro’s proven team of civil trial lawyers are relied upon by the Miami and South Florida community to protect their rights and ensure justice is served by securing the best verdicts and recoveries possible.

    When our firm takes on a personal injury claim, we aggressively represent our clients and fight for the maximum compensation under the law. Rest assured that no matter how difficult the case, we are prepared to serve as your most ardent legal advocates and welcome the opportunity to hold the culpable parties accountable.  

    Panter, Panter & Sampedro proudly serves residents throughout South Florida — including Miami-Dade, Broward, and Palm Beach Counties.

  • No recovery, no fees.

    We believe that everyone, regardless of their financial status, should have access to sound legal counsel as they exercise their right to pursue justice and redress any harm or wrongdoing.

    At Panter, Panter & Sampedro, all our services are offered on a “contingency fee” basis, which means that any payment to the firm completely depends on whether our efforts result in a financial recovery for our client.

    Any lawyer’s fees for representing the client will be deducted from the final personal injury settlement in the client’s case or from the damages awarded after a favorable verdict, in the event that the client’s case goes to trial.

    In general, attorneys can receive up to one-third of the gross amount of a pre-suit settlement or 40% of the gross settlement recovery once a Defendant files an answer to a lawsuit. These rules are regulated by the Florida Bar, and the following summarizes our contingency fee policy:

    • Client enters into an agreement granting legal authority to the firm to represent the client in exchange for attorneys fees paid in the form of a percentage of the total recovery.
    • The firm assumes all up-front financial costs and risk associated with litigating the case. All of these expenses are paid by the firm, and are only repaid if a recovery is won.
    • The client pays no fees whatsoever, hourly or otherwise.
    • The firm’s contingency fee percentage varies based on the type of case, level of complexity, and the foreseeable resources required to litigate it properly.
    • Every case is unique, but the contingency fee percentage is always clearly agreed upon by both parties and documented in writing upon retaining our services.
  • We can. Call 305-662-6178 or submit a request for your FREE CONSULTATION to speak directly with one of our knowledgeable personal injury lawyers. We will review your case at no charge. To learn more about personal injury, please read below.

    Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.

    Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss.

    Personal injury cases can involve:

Personal Injury

Traffic Accidents

Medical Malpractice

Premises Liability

Product Liability

Catastrophic Injuries

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