Airbnb Injury Lawyers Florida

When someone suffers an injury, they might be able to file a personal injury lawsuit against the at-fault party. This area of law includes premises liability claims, which are a specific type of case that can be filed when a person gets hurt on someone else’s property. The theory behind these lawsuits is that property owners have a duty to maintain their premises in a reasonably safe condition or to warn others about known dangers.

To prove a Florida premises liability case (sometimes referred to as a slip and fall claim), the injured victim (plaintiff)  must show the following:

1. The property owner (defendant) owed the plaintiff  a duty of care;
2. The defendant violated that duty;
3. The plaintiff suffered an injury; and
4. The injury was caused by the defendant’s failure to meet the duty of care.

The duty of care is a legal standard. For slip and fall claims, a property owner – or someone who occupies the property – has a duty of care when there is a dangerous condition on their property and they either knew or should have known about it. If a property owner violates that duty of care, they are said to be negligent.

A property owner’s duty of care depends in part on their relationship to the person who got hurt. Florida law recognizes 3 categories of visitors to a property:

• Invitees enter a property with the owner’s permission, typically for a commercial purpose (such as a customer at a store). Property owners owe the highest duty of care to invitees. This means that the property owner has a duty to either fix hazardous conditions or warn invitees about them. Property owners also have a duty to inspect their property to discover potential dangers.
• Licensees also enter a property with permission, but usually not for a commercial purpose (such as a friend or family member who visits your house). Property owners who have knowledge of a dangerous condition must either fix it or warn licensees about it. They also are liable for willful, wanton, or intentional misconduct that injures a licensee.
• Trespassers are people who are either on a property without permission or who remain on the property when they no longer have permission to be there. In Florida, property owners have a limited duty to trespassers. This duty depends on whether the trespasser is discovered or undiscovered. If a property owner knows that someone is trespassing on their property 24 hours before they are hurt, then they must warn them of known dangerous conditions that are not readily observable. An undiscovered trespasser is someone that the property owner does discover on their property; a property owner is only responsible for intentional harm to undiscovered trespassers.

In Airbnb injury cases, the guests on the property are considered invitees because they are there for the owner’s benefit (financial gain). The Airbnb host owes their guests the highest duty of care. They not only have to fix or warn of known hazards on the property, but they also have an affirmative duty to inspect the property for dangerous conditions.

Under Florida law, Airbnb hosts are required to take extra steps to make sure that their properties are safe for guests – but many hosts might not be aware of this heightened duty. Hosts also may not want to spend the time or money to inspect their property and fix hazardous conditions, especially if they tend to schedule guests back-to-back. 

If a guest is injured at an Airbnb, then they may be entitled to financial compensation for their losses. This requires proving that a dangerous condition existed and that the host either failed to fix it or warn guests about it. Your Florida Airbnb injury lawyer may use the following evidence to prove the claim:

• Maintenance records for the property
• Photos and videos of the dangerous condition
• Witness testimony from people who may have witnessed the accident
• Prior incident reports or complaints to Airbnb about the property
• Customer reviews that mention things like uneven sidewalks or slippery floors

This evidence can be used to show that the Airbnb host violated their duty of care to you as a guest/invitee. Together with your medical records, pay stubs, and other documentation, it will be used to develop a strong claim for compensation.

Filing a premises liability claim for an Airbnb injury does not mean that your case will go to trial. In fact, the majority of personal injury lawsuits are resolved outside of the courtroom. However, if Airbnb and its insurance company won’t offer you fair compensation for your losses, then it may be necessary to file a lawsuit – and take your case to trial.

Gould Cooksey Fennell represents accident victims throughout Florida’s Treasure Coast – including both residents and tourists who are hurt while staying at Airbnb properties. We will advocate for you, protect your legal rights, and help you get the best possible outcome for your case.