Family Files Lawsuit Against Airbnb Alleging Toddler Died of Fentanyl Poisoning
A family has filed a wrongful death lawsuit against Airbnb alleging that their 19-month-old baby died due to exposure to fentanyl. They claim that the child came into contact with fentanyl residue that resulted in his death. Those who operate Airbnbs are being cautioned to ensure that houses are cleaned before and after a new customer comes in. In this case, the Airbnb is being blamed for their failure to adequately clean their rental resulting in the death of a child.
The mother of the decedent alleges that the rental never bothered to clean up after the previous guests. She has named Airbnb, the owner of the property, the property manager, and the previous individuals who stayed at the Airbnb.
How do you prove this case?
The defense will likely contend that the property was clean of drug residue when it was rented out to the plaintiffs. They can allege that the baby came into contact with fentanyl somewhere else. However, the plaintiffs are alleging that a medical examiner ruled that the death happened quickly meaning that she could not have come into contact with the fentanyl anywhere else. Still, it can be difficult to prove that the contact occurred at the Airbnb.
To prove this case, the parents of the toddler will need to establish negligence. They will argue that the owner of the rental failed to clean the property of drug residue before allowing another party to rent the home. Cleaning in between rentals is a standard practice for most Airbnb rentals.
The previous tenant is also named in the lawsuit. He is accused of leaving drug residue behind that the infant somehow got into. The plaintiffs allege that they should have been warned against the possibility that drug residue was left behind. They further contend that the failure to clean the apartment of drug residue resulted in the death of their daughter.
Airbnb released a statement saying that they sympathize with the family for their devastating loss.
Elements of negligence
Airbnb is being faulted for not having a policy related to the cleaning of their rentals. They oversaw a situation in which a toddler was killed after a party. The owner of the rental is being faulted for failing to clean up in between rentals. The previous tenants are being accused of leaving drug residue behind after a party. In this case, establishing negligence may not be that difficult. However, the plaintiff still needs to prove that the cause of death was a fentanyl overdose and that the victim could not have come into contact with fentanyl anywhere else. A medical examiner has ruled that the death happened quickly, meaning they will have the medical examiner’s testimony to help prove their claim.
Talk to a Tampa, FL Personal Injury Lawyer Today
If you have lost a loved one due to another party’s negligence, call the Tampa personal injury lawyers at Florin Gray Bouzas Owens, LLC today to schedule a free consultation and learn more about how we can help.