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PENNSYLVANIA RECORD

Saturday, November 2, 2024

Woman injured in fall while trying to escape shooting at party sues Airbnb

State Court
Georgekontos

Kontos | Kontos Mengine Killion & Hassen

PITTSBURGH – A woman seriously injured while attempting to escape a shooting at a party that took place at an Airbnb rental home in Pittsburgh has sued the company and other entities she believes are responsible for her injuries.

Dejonia Rosser of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on Nov. 16 versus Airbnb, Inc. of San Francisco, Calif., 900 North Group, LLC of Pittsburgh and K&C Ventures, LLC of Atlanta, Ga.

According to the plaintiff, Airbnb knowingly rented out its listed properties to individuals who would use the residence to host large parties advertised on social media, which often veered out-of-control.

On June 28, Airbnb updated its terms and conditions to forbid its listings from being used for such parties – however, the suit explains that the events at issue took place last April, prior to this change in rental rules.

The property in question, located at 900 Madison Avenue in Pittsburgh, is a three-story residential building and is sub-divided into two separate residential spaces, with one upper level and one lower level of the building.

Defendant 900 North Group, LLC rented the property to its co-defendant, K&C Ventures, LLC, from April 16 to April 18. Airbnb’s platform further allowed a third-party renter to book an accommodation at the property, the suit says.

“The renter rented, booked or otherwise obtained an exclusive right to use and possess the property with the intent that the premises be used to host a party on the aforementioned dates,” the suit says.

“After renter rented the property, renter and/or his acquaintances began circulating flyers promoting a party to be held at the premises on April 16. The party was promoted through various social media platforms, including but not limited to Facebook, and implied that alcohol and/or drugs would be available to attendees at this party.”

The suit adds that these advertisements were targeted to those under the age of 21, who are not allowed to possess or consume alcohol.

“It is believed and therefore averred that the party was not supervised by any adults or security to ensure safety. Throughout the evening of April 16, 2022 and into the morning hours of April 17, 2022, a large group of individuals attended the party at the premises. At one point, individuals were lined up on the street outside of the premises waiting to enter the property. On the evening of April 16, 2022, the party at the premises had become so loud that at least one noise complaint was made to the City of Pittsburgh’s Police Department,” the suit states.

“It is believed and therefore averred that the party had become so loud and crowded that the walls of the building were shaking in the bottom unit at the premises. This caused the persons renting the bottom unit of the premises to leave and stay at a nearby hotel on that evening. Plaintiff entered the party occurring at the premises at or before 11:15 p.m. on April 16, 2022. It is believed and therefore averred that by 12:30 a.m., around 200 individuals were inside the premises attending said party. At the above-mentioned date and time, suddenly and without warning, at least one unknown individual began to fire a gun inside the premises. As a result, plaintiff attempted to flee from said gunfire by jumping out of a second-story window at the premises. As a result of this incident, plaintiff suffered severe personal injury.”

For multiple counts of negligence, the plaintiff is seeking damages in excess of the applicable arbitration limits, exclusive of interest and costs.

The plaintiff is represented by George M. Kontos, Anthony C. Mengine and Taylor M. Martucci of Kontos Mengine Killion & Hassen, in Pittsburgh.

The defendants have not yet secured legal counsel.

Allegheny County Court of Common Pleas case GD-22-014028

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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