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SAN FRANCISCO, June 16 – The family of the late Sebastian Mejia filed suit today in California Superior Court against Airbnb for the company’s role in allowing a dangerous rental that would cost the young man his life.
On October 5, 2022, Sebastian turned on the fuel burning water heater located inside of the bathroom to shower with warm water. Due to an improperly installed and damaged exhaust duct, the water heater began emitting dangerously high levels of carbon monoxide into the bathroom, slowly killing him.
His body was found the following day, naked, lying in the shower, face up, with the water running. He was 24 years of age.
A Brazilian police investigation revealed the water heater’s exhaust duct was improperly connected and damaged. The bathroom lacked proper ventilation and the heater was improperly installed inside of the bathroom, in violation of applicable building code.
Despite Airbnb’s marketing efforts to position itself as a purveyor of safety, it refuses to mandate the use of simple carbon monoxide detectors.
Airbnb often acts to improve conditions when forced. In 2022, for example, following a string of shootings that broke out nationwide at Airbnb properties, Airbnb issued a permanent global party ban. It regularly runs background checks aimed at identifying registered sex offenders, among other dangerous individuals. It prohibits its property hosts from harassing guests, installing surveillance, and being discriminatory, among various other rules and regulations aimed at ensuring guest safety.
But for some reason the company has a blind spot when it comes to carbon monoxide.
Sebastian was not the first Airbnb guest to die from carbon monoxide poisoning. In 2013, a 35-year-old Canadian woman died at an Airbnb property in Taiwan. In 2018, a couple from New Orleans died at an Airbnb property in Mexico. In April 2019, a Florida resident died at an Airbnb property in Colombia. In May 2019, six tourists from Brazil died at an Airbnb property in Chile. In December 2021, a 25-year-old Californian died while showering during her stay at an Airbnb property in Mexico. In November 2022, three Americans died at an Airbnb property in Mexico.
Despite these incidents and Airbnb’s knowledge regarding the risks associated with fuel burning appliances in Airbnb rental properties, Airbnb has never required the use of carbon monoxide alarms in regular Airbnb properties that contain fuel burning appliances.
A simple fix may have saved Sebastian’s life, and perhaps many others.
The family is represented by Miami-based Ferraro Law Firm and California-based Wisner Baum.
Frequently Asked Questions
Frequently Asked Questions
01.
Can I file a claim if I was injured at an Airbnb property?
Yes. Airbnb injury claims often involve determining liability between the host, Airbnb’s insurance policies, and any separate homeowner’s insurance. We analyze every layer to seek fair compensation for injuries sustained.
02.
Can a family member file a wrongful death claim if hazards at a short-term rental contributed to someone’s death?
Yes. Families may pursue a wrongful death claim when unsafe or negligently maintained rental conditions lead to a fatal accident. These cases often involve hazards such as missing smoke detectors, inadequate security, structural failures, or electrical and fire risks that the property owner or host should have addressed.
03.
Do I have legal options if the short-term rental was out of state?
Yes. Legal options often depend on where the injury occurred, as local laws and regulations govern short-term rental liability. We handle premises liability cases nationwide, evaluating jurisdiction, applicable laws, and insurance coverage to determine the best course of action for protecting your legal rights.
04.
How long does it take to resolve a short-term rental accident claim?
Timelines vary depending on the complexity of the case, severity of your injuries, and willingness of the insurance company to negotiate. We strive for efficiency but never at the cost of settling for a quick and unfair resolution.
05.
Why hire Ferraro Law over another law firm?
Our proven track record in personal injury and premises liability cases sets us apart. We also offer compassionate legal representation that prioritizes your recovery and secures the best potential outcome.
06.
Can Ferraro Law handle my case if I live outside of Florida?
Absolutely. We represent clients nationwide, collaborating with local counsel when needed. Our extensive experience in complex litigation and specialized claims ensures we can effectively advocate for your rights, no matter where you live.
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