Miami Airbnb Accident Lawyer | Florida Airbnb Injury Attorney

When planning a trip to Miami, many travelers opt for Airbnb rentals for more privacy and a larger space. While these rentals may offer comfort and convenience, they can also lead to significant injuries including slip and falls, burn injuries, and even wrongful death. 

If you or a loved one was injured at an Airbnb rental anywhere in Florida, contact our Miami Airbnb accident lawyers. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are here to help you navigate the complex legal landscape of injury claims and secure the compensation you deserve.

Contact us at (305) 638-4143 for a free consultation in English or Spanish.

Table of Contents

• Common Airbnb Injuries
• AirCover: Liability in Airbnb Accident Cases
• Airbnb Wrongful Death Lawsuits
• Frequently Asked Questions
• Why Choose Flanagan & Bodenheimer
• Free Consultations

Common Airbnb Injuries

Slip and Fall Accidents

Slip and fall accidents are among the most common injuries that can occur in an Airbnb rental. These accidents can result from:

• Wet or Greasy Floors: Spills or recently cleaned floors that have not been properly dried.
• Uneven Surfaces: Poorly maintained floors, loose rugs, or uneven tiles can cause guests to trip and fall.
• Inadequate Lighting: Poor lighting can make it difficult to see potential hazards, leading to falls.

Electrical Injuries

Electrical injuries can occur in various ways, including:

• Faulty Wiring: Poorly maintained electrical systems can cause shocks or fires.
• Malfunctioning Appliances: Defective or improperly maintained appliances can lead to electrical burns or other injuries.

Burns and Fire-Related Injuries

Fires and burns are serious risks in any property. Common causes in Airbnb rentals include:

• Cooking Accidents: Kitchens not equipped with proper safety measures can result in burns.
• Heating Equipment: Faulty or improperly used heaters can cause fires.
• Electrical Fires: Poor wiring and overloaded circuits can lead to dangerous fires.

Structural Injuries

Structural injuries can occur from:

• Collapsing Balconies: Unsecured or poorly maintained balconies can collapse, leading to severe injuries.
• Falling Objects: Loose shelves, cabinets, or other items can fall and injure guests.
• Broken Furniture: Chairs, beds, or other furniture can break and cause harm.

Drowning and Water-Related Injuries

Properties with pools or hot tubs pose additional risks:

• Unfenced Pools: Lack of proper barriers can lead to accidental drownings.
• Slippery Pool Areas: Wet surfaces around pools can cause slip and fall accidents.
• Hot Tub Hazards: Poorly maintained hot tubs can cause burns or lead to infections.

Security and Personal Safety Issues

Guests may face security-related injuries, such as:

• Assaults and Robberies: Insufficient security measures can leave guests vulnerable.
• Inadequate Locks: Poorly secured doors and windows can result in unauthorized entry.

AirCover: Understanding Liability in Airbnb Accident Cases

When a property owner lists their site as a short-term vacation rental on Airbnb, they are automatically enrolled in Airbnb’s free “AirCover” policy. This policy offers substantial protections for hosts, including:

• Damage Protection: AirCover provides up to $3 million in damage protection. This includes coverage for claims related to damage or theft of the host’s belongings by guests.
• Liability Insurance: AirCover also includes $1 million in liability insurance through Generali Insurance Company. This covers incidents where a guest is injured on the property, helping to protect hosts from potential legal claims.

Exclusions and Limitations of AirCover

While AirCover offers significant protections, it does not cover every possible incident. Some notable exclusions include:

• Sickness from Asbestos or Chinese Drywall: Any illnesses resulting from exposure to these materials are not covered.
• Communicable Diseases and Bacteria: Claims related to the transmission of diseases or bacterial infections are not covered.
• Product Liability Claims: Any claims related to defective products provided in the rental are excluded.

It’s crucial to understand that Airbnb’s AirCover operates more like a promise than a traditional insurance policy. Airbnb reserves the right to modify the terms of its Guarantee at any time. This means that coverage details can change, and Airbnb may deny coverage or only pay a portion of the damages claimed. For a full list of exclusions and limitations, visit Airbnb’s AirCover page or consult with an experienced Airbnb attorney.

Florida Airbnb Wrongful Death Lawsuits

Understanding your rights and the legal process for filing a wrongful death claim in Florida is crucial. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are here to guide you through this difficult time and help you seek justice. Here’s what you need to know about filing a wrongful death claim after an Airbnb accident in Florida:

What Is a Wrongful Death Claim?

A wrongful death claim is a legal action brought when a person dies due to the negligence or misconduct of another party. In the context of an Airbnb accident, this could involve unsafe property conditions, inadequate security, or other forms of negligence by the property owner or host.

Who Can File a Wrongful Death Claim in Florida?

In Florida, the right to file a wrongful death claim is governed by the Florida Wrongful Death Act. The law specifies who can bring these claims:

1. Personal Representative

A wrongful death claim must be filed by the personal representative of the deceased person’s estate. This individual is often named in the deceased’s will or appointed by the court if there is no will.

2. Surviving Family Members

The claim is filed on behalf of the deceased’s surviving family members, who are considered beneficiaries. Eligible beneficiaries typically include:

• Spouse: The surviving spouse can claim loss of companionship and protection, as well as mental pain and suffering.
• Children: Minor children (under 25) can claim loss of parental companionship, instruction, and guidance, along with mental pain and suffering. Adult children may also have a claim under certain circumstances.
• Parents: Parents of a deceased minor child can claim mental pain and suffering. If there are no other survivors, parents of an adult child may also claim.

3. Other Dependents

In some cases, other blood relatives or adoptive siblings who were dependent on the deceased for support or services may also be eligible to recover damages.

Grounds for Filing a Wrongful Death Claim in Florida

To successfully file a wrongful death claim in Florida, certain elements must be proven:

• Duty of Care: You must show that the Airbnb host or property owner had a duty of care to maintain a safe environment for guests.
• Breach of Duty: It must be demonstrated that the host or property owner breached this duty through negligence or misconduct. Examples include failing to repair hazardous conditions, inadequate security measures, or lack of necessary warnings about potential dangers.
• Causation: There must be a direct link between the breach of duty and the cause of death. This means showing that the negligent actions of the host or property owner directly led to the fatal accident.
• Damages: Finally, you must prove that the death caused quantifiable damages to the surviving family members, such as loss of financial support, emotional suffering, and funeral expenses.

At Flanagan & Bodenheimer, we understand the profound impact of losing a loved one and are committed to providing compassionate and effective legal support. Our Miami wrongful death attorneys will work tirelessly to ensure you receive the justice and compensation you deserve.

If you have lost a loved one in an Airbnb accident, don’t face the legal challenges alone. Contact us at 305-638-4143 for a free consultation to discuss your case and explore your legal options.

Frequently Asked Questions

Who Is Liable If I Am Injured While Staying at an Airbnb in Florida?

Injuries sustained at a Florida Airbnb property fall under premises liability law. An Airbnb host has a legal responsibility to ensure that their rental space is properly maintained and safe for guests.

To prove liability, two conditions must be met: (1) the existence of a dangerous condition, and (2) that the property owner or host knew or should have known about the dangerous condition. If these conditions are proven, the host’s negligence can be established, making them liable for your injuries.

Can I Sue the Airbnb Owner If I Am Injured on Their Property?

Yes, you can sue the Airbnb host if you are injured on their property, according to Florida premises liability law and Airbnb’s Terms of Service. If you sustain an injury during your stay, experience property damage, or have refund issues, you may have grounds to file a lawsuit against the host.

What Should I Do Immediately After an Injury at an Airbnb?

If you are injured at an Airbnb, you should first seek medical attention. Document the scene and your injuries with photos and notes. Report the incident to the Airbnb host and Airbnb’s customer service. Keep all medical records and receipts related to your injury. Finally, consult with a personal injury lawyer to discuss your case and legal options.

How Long Do I Have to File an Injury Claim Against an Airbnb Host in Florida?

In Florida, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. It’s important to act promptly to ensure your right to seek compensation is preserved. Contact our Florida Airbnb injury attorneys at 305-638-4143 as soon as possible to discuss your case.

How Can a Personal Injury Lawyer Help with My Airbnb Injury Case?

A personal injury lawyer can provide invaluable assistance with your Airbnb injury case by investigating the incident, collecting evidence, negotiating with insurance companies, and representing you in court if necessary. They ensure your rights are protected and work to secure the maximum compensation for your injuries, medical expenses, lost wages, and other damages.

Why Choose Flanagan & Bodenheimer For Your Airbnb Accident Case?

• Expertise in Airbnb Injury and Wrongful Death Cases: Our attorneys have extensive experience handling personal injury and wrongful death cases, specifically those involving Airbnb rentals. We understand the unique challenges these cases present and have a proven track record of securing significant compensation for our clients.
• No Upfront Fees: At Flanagan & Bodenheimer, we operate on a contingency fee basis, meaning you only pay if we win your case. This ensures that top-tier legal representation is accessible to everyone, regardless of their financial situation.
• Exclusive Focus on Personal Injury and Wrongful Death: Our exclusive focus on personal injury and wrongful death cases sets us apart from larger firms who take on many practice areas at once. This specialization allows us to stay at the forefront of developments in personal injury law, ensuring that our clients benefit from the most up-to-date and effective legal strategies.
• Proven Track Record of Success: Our record of successful outcomes speaks to our dedication and expertise in personal injury law. We have secured multi-million dollar settlements for many of our clients, providing them with the resources needed for recovery and rebuilding after a personal injury.

Contact Our Miami Airbnb Injury Lawyers For A Free Consultation

While our main offices are located in Miami, FL and Hollywood, FL we offer our services to clients throughout all of Florida. This includes Fort Lauderdale, Orlando, Tampa, Jacksonville, Boca Raton, West Palm Beach, Kendall, Homestead, Brickell, Miami Beach, Aventura, Hialeah, Miami Gardens, Pembroke Pines, and other areas. Our law firm focuses exclusively on personal injury and wrongful death cases, including:

• car accidents
• truck accidents
• motorcycle accidents
• medical malpractice
• product liability
• premises liability
• brain injuries
• spinal cord injuries
• birth injuries
• cerebral palsy
• electrocution accidents
• mesothelioma & asbestos cases

If you or a loved one was injured in any type of accident in an Airbnb, contact us at (305) 638-4143 or click here to apply to be a client. Our Miami Airbnb accident lawyers would be happy to discuss the details of the incident and let you know how we can help.