Can Airbnb Hosts Be Sued for Slip and Fall Accidents in Florida?

January 22, 2026

Dennis Hernandez

As the popularity of vacation rentals rises, you may want to give some more serious thought to this home away from home. But when a guest is injured while staying in particularly as the result of, a slip and fall disputed legal issues and theories of liability can be crucial. If you’re working through the consequences of a vacation rental accident claim, you may be questioning whether or not the Airbnb host is responsible.

At Dennis Hernandez Injury Attorneys, we have collected millions and millions for clients injured because of dangerous conditions. We fight to get you paid! So, when can a guest sue for injuries in an Airbnb, and what does Florida law have to say about this?

What Duty Of Care Do Airbnb Hosts Owe In Florida?

Duty in Florida, every property owner is legally obligated to keep his or her premises reasonably safe for invited guests. That includes Airbnb hosts and other short-term vacation rental owners. When hosts fail to meet this responsibility, e.g., by not repairing known hazards or advising guests of unsafe conditions they can be held responsible for injuries that ensue.

In Florida, concerning premises liability law, the duty of care consists of the following:

Regular inspection of the property

Timely repair of known defects

Warning guests of non-obvious dangers

If you were injured from slipping and falling on a broken step, slippery floor or due to poorly lit area at the rental property during your stay, you may have grounds for an Airbnb slip and fall liability Florida claim against the host or hosting company.

What Are Common Hazards In Airbnb Rentals?

Guests who are unfamiliar with the layout or environment of their vacation rental can encounter unexpected hazards. Some of the most frequent problems that can result in a vacation rental accident lawsuit are:

Rug throw or smooth tile floors

Broken stairs or railings

Poor lighting in corridors or entryways

Unmarked elevation changes

Water leaks or wet surfaces

Cluttered walkways or unsecured cables

The Florida building code and public health regulations set clear standards for safety. The failure to live up to those can result in serious injuries, including breaks, concussion and back hurt, and a verdict against the property owner or host.

Does Airbnb Cover Guest Injuries?

Airbnb offers a limited coverage policy called Host Protection Insurance. This coverage can provide up to $1 million in liability protection per incident but has limitations. For instance, it doesn’t cover:

Intentional acts by the host

Loss of income or punitive damages may not apply.

Claims involving common co-owned facilities owned by third parties

And that results in injured invitees having to seek a personal injury lawsuit on their own. This is where speaking to a personal injury attorney becomes important.

What Florida Laws Apply To Airbnb Injury Claims?

In Florida, according to Fla Statute § 768.075, you may be responsible if someone is hurt on your property as a result of a hazardous condition that was in existence and of which you knew or should have known. This is especially true of vacation rentals, which means the host is responsible for regular periodic inspections and maintenance.

And because of Florida’s modified comparative fault statute (Florida Statutes § 768.81) your settlement can be diminished if you’re found partly to blame. Say, for example you were barefoot in a moist kitchen and fell, and the court determined you to be 20% at fault, then the damages awarded to you will be reduced by 20%.

What Evidence Strengthens A Vacation Rental Accident Claim?

Documentation will be particularly important if you were injured in a slip-and-fall at an Airbnb. Here’s what to gather:

Photographs or videos of the danger

Medical records showing your injuries

The property advert and rental contract

Eyewitness statements

Records of any inspections or maintenance (if these are available)
A copy of any incident report provided to Airbnb

These reports will assist to a personal injury lawyer in demonstrating that the host breached their duty of care.

Who May Be Held Liable For Your Injuries?

Depending on the scenario, there can be multiple responsible parties:

The Airbnb host

The host (if not the same as the property owner)

A landlord, if not another property manager or a cleaning crew

Contractor that did not correct a defect appropriately

Each case is unique. A detailed legal inquiry is often necessary to identify who had custody of the property, and who neglected to secure it.

How Should Hosts Mitigate Liability Risks?

Airbnb hosts can minimize their risks by taking these measures:

Conducting weekly property inspections

Early repair of tiles, handrails and lighting that become loose

Nonslip mats in the bathroom and kitchen

Keeping full account of log of maintenance undertaken

Posting visible safety signs in their workplace where hazards exist

Moreover, many hosts have bought extra liability coverage to cover the exclusionary gaps of Airbnb’s standard policy.

What Should You Do If You’re Injured In An Airbnb?

What you do in the aftermath of an accident will be extremely important to your ability to get compensation for your injuries. Follow these steps immediately:

Seek medical attention. The optimal concern is your health.

Document the scene. Photograph the location and how the accident occurred.

Report the injury. Report to the host and Airbnb via the app.

Collect witness information. ”If anyone observed the incident, they may be helpful witnesses.

Preserve communication. Keep records of communication between you and the host or Airbnb.

And finally, speak with a personal injury lawyer that specializes in vacation rental claims. They can walk you through your legal rights and make sure you don’t leave money on the table.

What Compensation Can You Recover?

If you win your vacation rental accident case, you might receive compensation for:

Medical bills and hospitalization

Physical therapy or rehabilitation

Lost wages and diminished ability to earn a living

Pain and suffering

Emotional distress

In gross negligence instances, the court or jury can also award punitive damages. When Florida courts are examining your human losses they take into consideration how much the injury influences your day to day.

How Long Do You Have To File A Claim?

Pursuant to Florida Statutes § 95.11(3)(a), the limitations period for personal injury claims is two years from the date of the incident (as amended in 2023). Failure to meet this deadline may result in the loss of your ability to receive compensation.

But if your case is in a government Airbnb-like rental (such as a public university property that has been rented out), special notice may apply and you may have to act far more quickly.

Can You Still File If You’re Partly At Fault?

Yes. It is a modified comparative fault state in Florida. So long as you are no more than 50% at fault, you can recover compensation. The money you receive will be diminished since part of the accident was your fault.

A lawyer can help disprove any allegations by you, Airbnb or the host that seek to blame you for the accident.

Why Choose Dennis Hernandez Injury Attorneys?

We have the privilege of working with individuals who have suffered serious injuries and we know that many struggle to recover, both physically and financially, after a fall like yours. Our staffs experience spans years of pursuing liable hosts/property owners. We have collected millions upon millions for clients in Florida premises liability cases, including Airbnb and similar short term rentals.

At every step along the way, we use our knowledge of personal injury law to fight for your rights we investigate what happened on the scene; we negotiate with insurance companies. Our promise: We battle to see you paid!

Final Thoughts: Protecting Your Rights After A Rental Injury

If you are renting a beach condo, city high-rise or cabin in the woods through Airbnb in Florida your host will have to ensure their property is safe. If they don’t and you’re hurt, you have the right to justice.

An Airbnb injury lawyer can help you recover damages in a slip and fall case while handling an Airbnb as the responsible party. There’s no need to go it alone against the legal system. Allow Dennis Hernandez Injury Attorneys to fight for you.

We are here to help you every step of the way and ensure that reckless parties are held responsible.