First case in the nation that holds Airbnb responsible
SAN FRANCISCO, CA / ACCESSWIRE / August 22, 2024 / On August 22, 2024, a San Francisco Superior Court judge (Hon. Charles F. Haines) overruled Airbnb's demurrer to dismiss a case brought by the parents of an 18-year-old boy Elias Elhania for his death after he was shot at a party at a home rented on Airbnb on August 7, 2021. The case name is Elhania v. Airbnb, Inc., with case number CGC-23-605312. This ruling allows the case to go forward in court against Airbnb and the property owner.
On August 7, 2021, roughly 150-200 people flocked to a house at 1447 Navarro Dr., Sunnyvale, CA for a wild party, which was advertised on social media. There was a cover charge for some guests, alcohol was being served, and most people who attended were under the age of 21. Neighbors called the police making a noise complaint and stated that they were afraid for their safety. The police arrived at the house, but was unable to enter the house, because the owner was nowhere to be found to give consent. Approximately an hour and a half later, the police heard gunshots from the house, which gave them probable cause to enter. But by then, it was too late, 18-year-old Elias had died.
Today's ruling is the first case in the country where a court holds Airbnb legally responsible for a victim's death from a shooting at an Airbnb party. Before today, Airbnb has been successful in dismissing these cases, arguing that it can not be legally held responsible for any victim of shooting at Airbnb parties, because it was not foreseeable that people would get injured at wild parties. Airbnb also argues that Section 230 of the Communication Decency Act shields Airbnb from any liability, because Airbnb is merely a platform that connects renters with property owners and nothing else.
However in this case, Teresa Li, a lawyer whose office is in San Francisco, representing the victim's parents in the case, argued that Airbnb violated the local city ordinance regulating short-term rentals, which were specifically designed to protect the type of harm Elias suffered--the rental is an illegal short-term rental; the owner was not on site throughout the stay; and Airbnb rented the unit to an unaccompanied minor, all violations of the short-term rental law. Li also alleges that it was foreseeable, because there have been over 250 victims shot, many fatally, in short-term rentals, mostly in Airbnb, in the two years before Elias' death.
Airbnb, in the oral argument, argued that because it conducts business in many cities, counties, and countries, all of which has different laws, it is impossible for Airbnb to determine what the law is or comply with it. Airbnb also argued that the local law regulating short-term rentals does not apply to Airbnb, only to the property owners.
The judge rejected Airbnb's argument, ruling that Airbnb can be legally responsible for victim of shooting at Airbnb parties, if the short-term rental violates a local ordinance that is designed to protect the public's health, safety, or welfare from disorderly conduct.
"No one is above the law, especially a global company like Airbnb. The Court, in its wisdom, saw to it that this is the case. I hope this ruling will change the way Airbnb conducts its business and short-term rentals will be safer for everyone, so that Elias did not die in vain." said Teresa Li.
About Teresa Li, Law Offices of Teresa Li, PC
Teresa Li has recovered over $30 million on behalf of injured clients. She specializes in Airbnb cases, car accident cases, and cases involving traumatic brain injury/concussion, wrongful death, and other injuries. Li has been repeatedly selected by Super Lawyers Magazine as a Super Lawyer and Super Lawyers Rising Star since 2014. She is the President-Elect of Alameda-Contra Costa Trial Lawyers' Association, and is on the board of Consumer Attorneys Of California. Please call (888) 635-3259, or visit http://www.lawofficesofteresali.com. The law office is located at 315 Montgomery Street, 9th Floor, San Francisco, CA 94104. To read more about Teresa Li in the news, please visit Law Offices of Teresa Li, PC.
SOURCE: Law Offices of Teresa Li, PC