Kissimmee Short-Term Rental Shooting: What a Grieving Family Needs to Know About Florida Wrongful Death Claims
Your phone rang. Someone told you a teenager was shot at a party at a rented house near a pool. Hours later, the same someone called again and said he was gone. Your world split in two, and you are now reading this page from the wrong side of that line — the side where someone you love was killed and you have no idea what comes next, who pays, how long you have, or whether anyone other than the shooter can be held to account.
This page answers those questions in the order you actually need them. We write it because we have handled cases where young people were killed in short-term rentals, at pools, and in properties the owners and platforms should have known were unsafe. We write it because Florida law gives you rights the average family does not know exist, and because the most important decisions in your case must be made in the next 14 days — not the next 14 months. We write it because the clock that protects your evidence is already running.
If your family has lost a child at a Kissimmee short-term rental, read every word. Then call us at 1-888-ATTY-911 for a free, confidential consultation. We do not get paid unless we win your case.
What Your Family Faces Right Now — and Why This Page Exists
Three truths drive everything that follows:
First, your case is bigger than the shooter. A 17-year-old was shot dead at a pool party at a property that was rented out for money to strangers. The owner of that property collected revenue. The management company, if there was one, facilitated the booking. The platform that advertised the property received a commission. Every one of those entities had a duty to take reasonable steps to keep guests safe from foreseeable violence — and the existence of a shooting at a pool party at 1:26 a.m. is exactly the kind of foreseeable harm those duties exist to prevent. The criminal case against the shooter will move slowly. The civil case against the responsible businesses moves on a different track, and it is the only path to holding them financially accountable.
Second, Florida law changed in 2023. The Wrongful Death Act still exists and is still strong. But the 2023 tort reform (HB 837) changed the rules in ways that affect timing and strategy. The doctrine that protects property owners from liability for criminal acts of third parties (Florida Statute 768.075) requires specific security standards — and the failure to meet those standards can destroy that defense.
Third, the evidence is dying right now. Surveillance footage from the rental property, key-card access logs, guest folio records showing who paid, the booking records from the platform, police call-for-service history for that address, and the property’s own safety and compliance records all have finite lifespans. Some can be erased in days. We have to move before they do.
Let us walk you through every part of this — the law, the parties, the evidence, the timeline, the insurance game, the damages, and what we do next.
Florida Law: The Wrongful Death Act and How the 2023 Tort Reform Affects You
The Florida Wrongful Death Act (Florida Statutes §§ 768.16–768.26)
The Florida Wrongful Death Act is the statute that gives you the right to bring a civil action when a family member is killed by the wrongful act, negligence, or default of another. It identifies who may bring the claim, what damages may be recovered, and how the proceeds are distributed.
Under the Act, the personal representative of the deceased’s estate brings the action on behalf of the surviving spouse, children, parents, and — when supported by appropriate facts — other dependent relatives. The damages available include:
- Economic damages: lost financial support the deceased would have provided, including wages, benefits, and the value of household services.
- Non-economic damages: loss of companionship, guidance, protection, and the profound emotional loss of a child.
- Funeral and burial expenses.
- Medical expenses incurred between injury and death.
For the death of a minor child, Florida law recognizes that the loss is profound and that the damages — particularly for loss of companionship, guidance, and protection — are substantial. There is no Florida statutory cap on wrongful-death damages for adult decedents, but non-economic damages in medical malpractice cases are subject to a statutory cap. That cap does not apply to a short-term rental shooting case.
Florida’s Comparative Fault Rule After the 2023 Tort Reform
Before 2023, Florida followed pure comparative negligence — your family’s recovery was reduced by the percentage of fault attributed to the decedent, but even a 99% at-fault decedent’s family could still recover 1% of damages. The 2023 tort reform (HB 837) changed this to a modified comparative fault system with a 51% bar: if the decedent is found to be more than 50% at fault, the family recovers nothing.
This change matters. Defense lawyers will argue that the shooting victim “assumed the risk” of attending a late-night party at a rental property, that he voluntarily participated in an illegal gathering, or that he should not have been there. None of these arguments excuses the property owner’s, management company’s, or platform’s negligence. But we must build the case to minimize any comparative-fault finding, and we must preserve evidence that the victim did nothing to contribute to his own death. The strategy begins on day one of our investigation.
Florida Statute 768.075: The Property Owner’s Defense — and How to Defeat It
Section 768.075 gives property owners a defense against liability for criminal acts of third parties when the owner (1) maintained the property in a reasonably safe condition, and (2) did not facilitate or permit the criminal act that caused the injury. This is the defense the property owner will raise. We defeat it by building the record on the other side:
- Did the owner know of prior incidents at the property or in the subdivision?
- Did the owner comply with the platform’s party ban, the HOA’s rental restrictions, and the local short-term rental ordinance?
- Did the owner provide adequate exterior lighting, functioning locks, security cameras, pool-area gating, or any other reasonable security measure?
- Did the owner enforce occupancy limits?
- Did the owner’s own marketing attract the type of booking that produced this gathering?
When the answer to those questions is “no,” the § 768.075 defense collapses. The owner did not maintain the property in a reasonably safe condition; the owner facilitated the very gathering that produced the violence.
The Insurance Adjuster Playbook — and How We Beat It
Within hours of a shooting at a short-term rental, the insurance machinery activates. The property owner’s homeowner’s insurer, the platform’s liability carrier, the management company’s commercial general liability carrier — each will have an adjuster on the phone with the property owner or platform within days. The adjuster’s job is to minimize the payout. Here is how it works and how we counter it.
Play One: “The Shooter Is the Only Liable Party”
The adjuster will argue that the property owner, the management company, and the platform had nothing to do with the shooting — that the shooter alone is responsible. The counter is the foreseeability evidence: prior incidents at the property, prior noise complaints, prior police calls, the platform’s own party ban acknowledging that parties cause violence, and the management company’s failure to screen, monitor, or enforce rules. The businesses profited from the booking; they had a duty to take reasonable steps; they did not. That is the basis for liability regardless of who pulled the trigger.
Play Two: “The Victim Assumed the Risk by Attending a Late-Night Party”
The adjuster will argue that the victim voluntarily placed himself in a dangerous situation and therefore cannot recover — or can recover only a reduced amount under Florida’s modified comparative fault rule. The counter is the evidence: Was the victim armed? Was he involved in any altercation? Was he doing anything other than being present at a pool party at a property the businesses rented out for profit? Florida’s assumption-of-risk doctrine is narrow and rarely applies outside of sports and recreational activities with inherent risks. A pool party at a rented house is not such an activity.
Play Three: “We Need the Shooter Convicted First”
The adjuster will argue that the civil case cannot proceed until the criminal case is resolved. Florida law does not require this. Civil and criminal cases proceed independently, and the civil standard of proof (preponderance of the evidence) is lower than the criminal standard (beyond a reasonable doubt). We will move the civil case forward without waiting for the criminal case, and we will use the criminal investigation’s evidence (police reports, witness statements, forensic evidence) to build the civil case.
Play Four: “The Property Owner’s Insurance Has an Assault-and-Battery Exclusion”
Many homeowner policies and commercial general liability policies contain exclusions for assault, battery, and other intentional torts. The adjuster will argue that the exclusion bars coverage. The counter is that the exclusion does not apply to the property owner’s own negligence — only to the shooter’s intentional act. The claim against the property owner is for negligent security, negligent screening, and negligent rental practices — not for the shooter’s battery. The exclusion does not reach the property owner’s conduct.
Play Five: “We’ll Make a Quick, Low Offer”
The adjuster will offer a small settlement quickly, before the family has hired counsel, before the evidence is preserved, and before the full scope of damages is understood. Do not accept any offer without speaking to us. The first offer is almost always a fraction of the case’s true value. We will evaluate any offer against the full damages picture and the strength of the evidence, and we will negotiate from a position built on preserved evidence and complete damages documentation.
The Florida Statute of Limitations and Why Timing Matters
Florida law gives you a limited window to file a wrongful death lawsuit. The general statute of limitations for a Florida wrongful death case is two years from the date of death, under Florida Statutes § 95.11(4)(d). For a death occurring on or about March 14, 2026, the deadline to file suit is approximately March 14, 2028.
There are exceptions that can shorten or extend this deadline. If the death is connected to a government entity, different notice requirements and shorter deadlines may apply. If the decedent was a minor, different rules may apply. If a defendant fraudulently conceals information, the deadline may be extended. We will evaluate the specific deadline for your case.
Two years sounds like a long time. It is not. The evidence we described above has a lifespan measured in days to weeks. Witness memories fade. The insurance company’s investigation begins immediately. Defense counsel starts building their own narrative within days. The sooner we are retained, the sooner we can preserve evidence, lock in witness testimony, and build the case from a position of strength.
What We Do — and What We Do Not Do
We will be honest about what we can and cannot do for your family.
What we do. We investigate. We send preservation letters the day you retain us. We hire private investigators, security experts, and forensic consultants as needed. We identify every potential defendant and every insurance policy. We file the civil case in the appropriate Florida court. We negotiate with the defense from a position built on preserved evidence and complete damages documentation. We try cases to verdict when the defense refuses to pay what the case is worth.
We also bring the perspective of a team that has seen these cases from both sides. Lupe Peña spent years as an insurance defense attorney before joining Attorney911. He knows how adjusters value claims, what defense counsel will argue, and where the pressure points are. That insider knowledge is now deployed for injured people and grieving families. Ralph Manginello has spent 27+ years in courtrooms, including federal court, building cases that the defense cannot ignore. Together, we bring a perspective that few plaintiff firms can match.
What we do not do. We do not make promises about specific dollar amounts. We do not guarantee outcomes. We do not pressure you into quick decisions. We do not sign you up as a client and then hand your case to a junior associate. We do not disappear. We are the lawyers who handle your case from the day you call until the case is resolved.
Evidence We Need from You — and What You Should Not Do
In the first days after a loss like this, families often feel paralyzed. Here is what you can do that helps and what you should avoid.
What to do
Preserve everything. Do not delete text messages, photos, videos, emails, or social media posts — including posts that seem embarrassing or irrelevant. Do not clean out your loved one’s room or digital devices. Everything may be evidence.
Write down everything you remember. The timeline of the night, the people who were there, the conversations you had, the phone calls, the text messages, the social media posts you saw. Your memory now is sharper than it will be in six months. Write it down.
Identify witnesses. Anyone who was at the party, anyone who saw your loved one that evening, anyone who received a text or a call, anyone who knows the property owner or the management company. We need names, phone numbers, and what they know.
Save medical records. The hospital records from Osceola Regional Hospital, the EMS run sheet, any imaging. We will request these formally, but preserving your own copies helps.
Save financial records. Your loved one’s school records, any employment records, any records of scholarships, awards, or plans that show the trajectory of their life. These documents are the foundation of the economic damages calculation.
What not to do
Do not speak to any insurance adjuster without speaking to us first. The adjuster may sound friendly. The adjuster is not your friend. Anything you say will be recorded and used to limit your recovery.
Do not sign anything. No releases, no authorizations, no medical-record releases, no settlement agreements, nothing. Every document from the defense is designed to limit your rights.
Do not post about the case on social media. Insurance companies monitor social media. A grieving post about your loved one can be twisted into an argument about the case. If you want to share memories, share them privately.
Do not give recorded statements. If an adjuster or defense attorney asks for a recorded statement, decline politely and refer them to us.
Do not accept any settlement offer without our review. The first offer is almost always a fraction of the case’s value. Let us evaluate it.
Do not wait. Every day that passes is a day the evidence gets weaker. Call us today.
Take the First Step
If you have read this far, you are already doing what the defense hopes you will not do — learning your rights, understanding the law, and preparing to act.
Call us now at 1-888-ATTY-911. The line is staffed 24 hours a day, 7 days a week. The consultation is free and confidential. We will answer your questions, explain your rights, and begin the investigation.
No fee unless we win. Free consultation. 24/7 live staff. Hablamos Español.
Our offices serve clients across Florida, including Kissimmee, Orlando, and the surrounding communities. Our primary office is in Houston, Texas, and we have additional offices in Austin and the Golden Triangle region of Texas. We take cases in Florida in coordination with local counsel and on a pro hac vice basis where required. You do not need to come to us — we will come to you.
If you are ready to talk, we are ready to listen.
Past results depend on the facts of each case and do not guarantee future outcomes. This page provides general legal information about Florida wrongful death claims arising from shootings at short-term rental properties. It is not legal advice and does not create an attorney-client relationship. To discuss your specific situation, call 1-888-ATTY-911 for a free consultation with Attorney911.
Attorney911 — The Manginello Law Firm, PLLC. No fee unless we win. Free consultation. Hablamos Español.