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Miami-Dade County is one of the busiest short-term rental markets in the United States, drawing millions of visitors each year to neighborhoods like South Beach, Brickell, and Wynwood. When a host fails to maintain a safe property or conceals known hazards, guests can face serious and lasting harm. A Miami Airbnb accident lawyer can help injured guests identify who is responsible and pursue the compensation they deserve.
At Hersh Kirtman Injury Law, we have recovered more than $150 million for injury victims across Florida and are prepared to put that record to work for you.
Taking the right steps early protects both your health and your legal position:
Liability for short-term rental accidents rarely falls on a single party. Florida law imposes a duty of reasonable care on property owners and those who control premises toward lawful visitors. Guests at Airbnb rentals are generally classified as invitees, the category owed the highest standard of care under Florida premises liability law.
Hosts are typically the first party examined. A host who knows of a dangerous condition and fails to correct it, or who misrepresents the property in a way that exposes guests to risk, may bear direct liability. Property owners who are not the host can share responsibility when the hazard involves a structural defect within the building.
Third parties, including maintenance contractors, cleaning services, and pool technicians, may also be liable when their negligent work created, worsened, or failed to correct a dangerous condition.
Miami-Dade County licenses short-term rentals through the Florida Department of Business and Professional Regulation, yet conditions vary widely:
How long the hazard existed and whether the responsible party had notice to correct it are central questions in every premises liability claim.
Personal Injury Lawyers in Boca Raton At Hersh Kirtman Injury Law, we turn adversity into justice through trust and relentless advocacy. With decades of experience, we don’t just handle cases—we redefine outcomes. Your recovery starts with a conversation. Call us today for a free, no-obligation consultation—because you deserve a team that fights as hard as you do.
Your Recovery is Our Mission.
Let’s Make It Happen.
This is one of the most common questions guests ask after a rental injury. Airbnb classifies hosts as independent contractors to limit its own direct liability. That structure creates real procedural hurdles, but it does not foreclose all claims against the platform.
Airbnb’s host protection program may provide some liability coverage for guest injuries. According to Airbnb’s AirCover for Hosts policy, the program provides specified liability protections for hosts. Reviewing that coverage alongside any documented history of prior complaints helps determine whether platform-level responsibility can be pursued.
Short-term rental injury claims are more complex than standard premises liability cases. Rental agreements, host communications, platform policies, insurance documents, and property maintenance logs all represent potential sources of critical evidence.
Our attorneys investigate the full chain of responsibility, analyze every applicable insurance policy, and preserve evidence before it is lost. We have secured multi-million-dollar results in premises liability matters, including a $3.8 million recovery for a client who sustained severe orthopedic injuries due to a dangerous property condition. Every Miami Airbnb accident lawyer on our team brings that same level of preparation to each case.
The compensation available depends on the injuries sustained, the responsible party’s conduct, and the full impact on the victim’s life. Compensatory damages are structured to restore an injured person to the position they held before the harm occurred.
Economic damages cover medical expenses, anticipated future treatment, lost wages during recovery, and reduced earning capacity when injuries are permanent. Non-economic damages address physical pain, emotional distress, loss of enjoyment of life, and loss of consortium when injuries affect close relationships.
Florida’s modified comparative fault system governs the calculation of damages. Under Florida Statute 768.81, a party found more than 50 percent at fault is barred from recovery, while lesser percentages reduce the award proportionally. Establishing a precise account of how the accident occurred protects the full value of the claim.
South Beach, Brickell, Bayside Marketplace, and Coconut Grove attract millions of domestic and international visitors each year, many of whom stay in Airbnb rentals. Being injured away from home creates immediate practical challenges, including coordinating emergency medical care, preserving evidence across time zones, and navigating an unfamiliar legal system.
Visitors injured in Florida hold the same legal rights as state residents when pursuing personal injury claims. Florida courts regularly adjudicate cases brought by out-of-state and international guests. Legal representation can be handled remotely in most cases, reducing the burden of multiple trips to Miami.
Hersh Kirtman Injury Law was founded by Michael Hersh and Ian Kirtman, both recognized by Best Lawyers in America for personal injury litigation. Michael has obtained verdicts and settlements totaling more than $150 million, including a $35 million jury verdict for a catastrophically injured client and a $23 million verdict in a premises liability case. Ian has recovered tens of millions of dollars for clients in premises liability and catastrophic injury matters. Every client has direct access to the attorneys managing their file from investigation through resolution.
Injuries at short-term rentals raise urgent questions about liability, insurance, and evidence preservation. Contact Hersh Kirtman Injury Law at (561) 208-3700 to speak with a Miami Airbnb accident lawyer about your situation. We will evaluate your claim, explain your options under Florida law, and help you move forward.
In addition to Miami, Hersh Kirtman Injury Law also provides legal services in Boca Raton, Boynton Beach, Coconut Creek, Coral Springs, Davie, Deerfield Beach, Delray Beach, Fort Lauderdale, Lake Worth, Palm Beach County, Parkland, Plantation, Pompano Beach, Sarasota, Sunrise, and Tamarac.
Founding Partner
A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.
Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case
Airbnb’s AirCover for Hosts program may extend liability coverage to guest injuries at listed properties. The scope and limits of that coverage depend on the specific facts of the incident and the program terms in effect at the time of booking. A legal review of applicable coverage is a necessary early step in any short-term rental injury claim.
Yes. Florida premises liability law imposes a duty of reasonable care on hosts toward their guests. A host who knows of a dangerous condition and fails to correct it, or misrepresents the property’s condition, can be held liable for resulting injuries.
Pool accidents may involve the host, the property owner, or a third-party pool service company, depending on who controlled the pool and how the hazard developed. Florida law sets specific standards for pool barriers, depth markings, and drain safety. Non-compliance can support a strong premises liability claim.
Florida law places strict time limits on personal injury claims. Under Florida Statute 95.11, waiting too long can permanently bar recovery. Acting promptly protects your rights and gives your attorney the best opportunity to preserve critical evidence.
Yes, visitors injured in Florida, whether from another state or country, hold the same right to pursue personal injury claims as Florida residents. Your residence does not limit access to Florida courts, and much of the legal process can be handled without returning to Miami.
Airbnb’s denial does not resolve the question of liability. The host, property owner, a third-party contractor, or other responsible parties may still be pursued through civil litigation. An attorney can investigate every viable avenue of recovery and pursue the strongest available claim on your behalf.
Case value depends on injury severity, the cost of medical care, the effect on earning capacity, and the pain and disruption caused by the incident. Non-economic damages, including emotional distress and permanent lifestyle limitations, can represent a substantial portion of total recovery.
Short-term rental claims involve overlapping insurance policies, platform agreements, and multiple potentially responsible parties. Handling that complexity without legal support routinely results in undervalued settlements. An attorney ensures the final recovery reflects the true scope of your losses.
Michael and his team were nothing but helpful in my long and stressful case. Any time I had any questions or needed anything, they were always extremely quick to answer my questions. Deana was also a huge help! I am also very pleased with the outcome of my situation, it was my first time involved in any sort of injury case like this and they made it as easy as possible. Thank you guys again!
Absolutely amazing experience with this firm. Michael Hersch was a pleasure to work with. He was extremely transparent, communicated regularly with updates and worked tirelessly to ensure that I received what I deserved. I cannot say enough about how positive my experience was with this firm. Highly, highly recommend!
The Law Office of Hersh Kirtmam has handled my family with complete professionalism and great compassion during a difficult time in our lives, from the first meeting we knew that had a team that fight for us ! Thank you Hersh Kirtman .
BEST LAWYER HANDS DOWN!! If you’re ever in need of one please don’t hesitate to contact this lawfirm. I am very pleased and happy with the result of my case all thanks to the hersh kirtman injury lawfirm.
I would recommend Hersh Kirtman Injury Law without any hesitation or reservations. Mr. Hersh is the attorney who handled my case. He worked tirelessly on my behalf to bring closure and a very positive outcome. Mr. Hersh’s front office were always very supportive and helpful. If Mr. Hersh was not available when I called, they always got an answer to my question and called me back without delay. Hersh Kirtman is the Injury Law firm to call.
I cannot recommend this firm enough. Michael and his team were incredibly knowledgeable, thorough and helpful throughout the entire legal process. Although my husband and I required his services due to unfortunate circumstances, we are both grateful to have met Mr. Hersh. If you’re in need of a personal injury attorney, look no further. Hersh Kirtman Law is the best!
For over a decade, Ian has fought for victims of catastrophic injuries in auto accidents, medical malpractice, and premises liability cases—securing life-changing results like a 4.35 M store front crash verdict and 4M medical malpractice settlement.
Active leader in Florida’s legal community (Florida Justice Association, Palm Beach County Justice Association) and UM Law alum with trial honors. Devotes personal time to Becca’s Closet charity and family in Delray Beach.
Recognized Excellence:
– AV Preeminent® Rated (Martindale-Hubbell’s highest honor)
– Top 40 Under 40 (National Trial Lawyers)
– Rising Star (Super Lawyers)
This page was written, edited, and reviewed by a team of legal writers in accordance with our comprehensive editorial guidelines. It was approved by Attorneys Michael Hersh and Ian Kirtman, who have more than 20 years of experience as personal injury attorneys.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 561-208-3700
561-208-3700