Kissimmee, Osceola County, Florida Airbnb Shooting: Holding the Indian Point HOA Accountable for Preventable Violence
You came to Kissimmee for the Mecum Car Auction, a trip that should have been about a shared passion and a vacation in the Florida sun. Instead, your family is now forced to work through the aftermath of a triple homicide that occurred in the very place you were told was safe to sleep. When Douglas Kraft, Robert Kraft, and James Puchan were killed at an Indian Point subdivision rental, it was not just a random act of violence. It was the endpoint of a history of danger that was ignored by the people who had the power to stop it.
Our trial team at Attorney911 takes Florida cases where families have been devastated by negligent security. Behind every block of this analysis stands a specialist—our corporate-structure analysts, our trauma-informed advocates, and our trial attorneys who know that “foreseeability” is the only word that matters in a Florida courtroom. We write this to you because you are likely being circled by insurance adjusters for the Homeowners Association (HOA) and the rental platform, and you need to know the truth about the system you are now forced to move through.
The Heart of the Case: Foreseeability and the Neighbor Next Door
In Florida, a property owner or a manager—including a Homeowners Association—can be held liable for a criminal act if that act was foreseeable. The alleged shooter, Ahmed Bojeh, lived next door to the Airbnb. He was not a hidden threat. He was a documented danger to the Indian Point community.
In 2021, records show he was accused of firing more than 20 rounds in a separate shooting in Kissimmee. Law enforcement had repeatedly responded to his residence for disturbances, batteries, and mental health crises. The lawsuit filed by the Kraft family alleges that the Indian Point Homeowners Association knew this history and did not take reasonable measures to protect guests.
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State… subjects, or causes to be subjected, any citizen… to the deprivation of any rights… shall be liable to the party injured.” — 42 U.S.C. § 1983 (While often used for police misconduct, the principle of institutional liability for known dangers is the foundation of American civil justice).
In the context of the Indian Point community, we look at the duty under Florida Statute Chapter 720. This statute defines an HOA’s duty to manage common areas and enforce community standards to ensure the safety and welfare of residents and guests. When an HOA is aware of a resident who has a history of discharging firearms and violent batteries, “doing nothing” is a choice. We work until the evidence is frozen to show that this choice was the moving force behind the tragedy.
Why the Indian Point HOA is a Central Defendant
Most people think of an HOA as a group that sends letters about unpainted fences. In Florida, however, an HOA acts as a quasi-government for a private community. They often control the security protocols, the private patrols, and the enforcement of safety rules.
If the Indian Point HOA knew that a resident was firing weapons or engaging in batteries, they had a duty to implement security measures or, at the very least, warn business invitees—like the Kraft and Puchan families—of the latent danger next door. As tourists, you were “business invitees.” That is the highest status a visitor can have under Florida law, and it carries the highest duty of care. The defendants were required to maintain the premises in a reasonably safe condition or warn of non-obvious dangers. A neighbor with a history of insanity-defense-level violence is the definition of a non-obvious danger to a tourist from out of state.
The Three Layers of Liability: HOA, Host, and Airbnb
We do not just look at the shooter; we look at the system that failed.
1. The Indian Point Homeowners Association: For failing to address a known nuisance and dangerous condition within the community standards they are legally mandated to uphold.
2. The Property Owner/Airbnb Host: For failing to provide a safe rental environment. Osceola County Ordinance 2021-43 regulates short-term rentals, and it requires specific safety disclosures. If the host knew the neighbor was a violent threat, they had a duty to warn you.
3. Airbnb, Inc.: While their terms of service are built to shield them, we examine whether their platform failed to vet the safety of the neighborhood or ignored previous guest complaints about the next-door residence.
Florida’s Wrongful Death Act: What the Law Allows
When we represent a family in a triple-fatality case, we use Florida’s Wrongful Death Act (Statutes 768.16-768.26). This law is the only way to hold the system accountable for the life Douglas Kraft lived and the future that was taken from him.
Florida allows for the recovery of both economic and non-economic damages:
* Loss of Support and Services: The financial contributions the victims made to their families.
* Loss of Net Accumulations: The money the victims would have saved and left to their heirs if they had lived a full life.
* Mental Pain and Suffering: For the surviving spouses and children, this is the most significant part of the claim. In a case involving a violent shooting, these damages are massive.
* Punitive Damages: Given that the shooter allegedly fired 20+ rounds in 2021, there is a strong basis to seek punitive damages against the HOA for “gross negligence.” This means showing a conscious disregard for the life and safety of persons staying in their community.
The Evidence Clock: Why We Must Act Now
In a negligent security case, the proof exists in records that can be deleted or “lost” if they are not demanded immediately. The insurance claim lawyer on the other side knows this.
We move to freeze these specific records:
* HOA Board Meeting Minutes: We need to see if the neighbor’s 2021 shooting or mental health calls were ever discussed by the board. If they were, the “notice” is proven.
* Law Enforcement CAD Logs: We pull every “Computer-Aided Dispatch” log for the shooter’s address to establish the frequency of the danger.
* Airbnb Platform Communications: We look for previous guests who might have reported the neighbor’s behavior to the host.
* HOA Security Video: If the community had gate cameras or patrols, we need to know what they saw in the days leading up to Jan. 17.
The Insurance Adjuster Playbook and Our Counter-Moves
Within days of a tragedy like this, the HOA’s insurance carrier will begin its work. They are not there to help you; they are there to protect their policy limits. Here are three common plays we see:
Play 1: The “Unforeseeable Criminal Act” Defense
The adjuster will tell you that the HOA cannot be responsible for the “unpredictable” actions of a “madman.”
* Our Counter: We show it was predictable. A man who fires 20 rounds in public once is statistically likely to do it again. We use human factors experts to show that a reasonable HOA would have increased security or filed for an injunction against the resident.
Play 2: The “He Was Found Insane” Diversion
They will try to argue that because the shooter may have a mental health defense, no civil liability can exist.
* Our Counter: The criminal court’s focus on the shooter’s mind does not change the civil court’s focus on the HOA’s negligence. The HOA’s duty to keep the community safe exists regardless of whether the person who breached that safety is sane or not.
Play 3: The “Wait and See” Delay
They will ask you to wait until the criminal trial is over before “discussing” a settlement. This is a tactic to let your two-year statute of limitations run or let witnesses’ memories fade.
* Our Counter: We do not wait. We file discovery demands and depositions while the evidence is fresh. We build the “nuclear verdict” potential of the case to force the carrier to take you seriously now.
What is a Triple-Fatality Case Worth?
We must be honest about the valuation of such a horrific event. In the Central Florida corridor, juries are increasingly aware of the dangers of unregulated short-term rentals.
For a case involving three deaths with high foreseeability, the case value range is commonly between $10,000,000 and $35,000,000+. While an HOA’s primary insurance policy may only be $1M to $5M, the egregious nature of ignoring a resident who had already fired 20 rounds opens the door for excess judgments. If the insurance carrier refuses to settle for a reasonable amount in the face of such clear notice, we may pursue a “bad faith” claim to reach the full value of the loss, regardless of the policy limits.
The trial team you need for a Florida fight
We are a trial firm that takes wrongful death cases in Florida. Our leadership brings a combined half-century of experience to the table:
Ralph P. Manginello is the managing partner of Attorney911. He has been licensed for over 27 years and has spent his career in courtrooms, including federal court. Before he was a lawyer, Ralph was a journalist, a background that makes him relentless in digging for the truth that companies try to hide. He is a member of the Million Dollar Member club of the Trial Lawyers Achievement Association, and he treats every case as a competition he refuses to lose.
Lupe Peña is our associate attorney who brings a perspective most plaintiff lawyers lack. He spent years as an insurance-defense attorney for a national firm. He sat in the rooms where carriers like the ones for the Indian Point HOA decide how to devalue lives. He knows the software they use, the delay tactics they employ, and the “reserve-setting” tricks they play. Today, he uses that insider knowledge to fight for families. Lupe is a 3rd-generation Texan who is fully fluent in Spanish and can conduct your entire consultation without an interpreter.
We provide a free consultation and we work on a contingency basis, which means there is no fee unless we win. You are already dealing with an unimaginable loss; you should not have to worry about how to afford a top-tier legal team.
Frequently Asked Questions
How long do I have to file a lawsuit after an Airbnb shooting in Florida?
In Florida, the statute of limitations for a wrongful death claim is two years from the date of death. While this may seem like a long time, the evidence—such as HOA board minutes and surveillance footage—can disappear much faster. You should speak with a lawyer immediately to ensure a preservation letter is sent.
Can an HOA really be sued for a neighbor’s violence?
Yes. If the HOA had “actual or constructive notice” that a resident was a danger to others and failed to take reasonable steps to mitigate that danger, they can be held liable for negligent security. In this case, the neighbor’s 2021 shooting history and frequent police calls provide strong evidence of notice.
Does Airbnb provide insurance for shootings that happen in their rentals?
Airbnb provides “AirCover,” which includes up to $1 million in liability insurance. However, for a triple homicide, $1 million is vastly insufficient. This is why we look for other sources of recovery, such as the HOA’s commercial general liability (CGL) policy and the host’s own insurance.
What if the shooter is found not guilty by reason of insanity?
The criminal court result does not dictate the civil court result. Even if the shooter is not held criminally responsible due to his mental state, the HOA and the host still had a duty to protect you from the foreseeable danger he posed.
Will we have to travel back to Kissimmee for the lawsuit?
Our team handles the heavy lifting. While you may eventually need to appear for a deposition or trial, we move through the majority of the litigation remotely or through local counsel, allowing you to focus on your family.
Are the families of the other victims also filing suit?
In a mass casualty event, it is common for multiple families to file separate or joined lawsuits. We coordinate with other counsel where appropriate to ensure the defendants cannot “divide and conquer” the victims.
Can we sue the county or the police for not arresting him sooner?
Suing government entities in Florida is difficult due to sovereign immunity. Generally, the “duty to provide police protection” is a duty to the public at large, not an individual. Our focus remains on the private entities—the HOA and the host—who had a specific duty to the guests of the rental.
What does “no fee unless we win” actually mean?
It means we take all the financial risk. We pay for the human factors experts, the record retrievals, and the filing fees. If we do not recover money for your family, you owe us nothing for our time or the costs we advanced.
Contact Attorney911: Legal Emergency Lawyers™
If you are hurting, do not speak to an investigator from the HOA’s insurance company. They are trained to get you to say that the neighborhood seemed “quiet” or “safe” before the shooting to undermine your foreseeability claim.
Past results depend on the facts of each case and do not guarantee future outcomes, but we promise that no one will work harder to uncover what the Indian Point HOA knew and when they knew it.
Hablamos Español. Lupe Peña and our bilingual staff are ready to serve your family in the language you are most comfortable with.
Call us 24/7 at 1-888-ATTY-911 (1-888-288-9911) for a free, confidential consultation. We are the Legal Emergency Lawyers™, and we are ready to stand with you in Osceola County.
wrongful death lawyer | Ralph Manginello | Lupe Peña | insurance claim lawyer