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PENNSYLVANIA RECORD

Sunday, May 19, 2024

Negligence suit says Airbnb, other entities failed to prevent fatal shooting at rental home

Lawsuits
Davidromanow

Romanow | Romanow Law Group

PITTSBURGH – The parent of a 17-year-old party guest shot and killed at a party which took place at an Airbnb rental home in Pittsburgh has sued the company and other entities she believes are responsible for her child’s death.

Bonnie McLain (as Administratrix of the Estate of M. S.-R.) of Turtle Creek filed suit in the Allegheny County Court of Common Pleas on Dec. 5 versus Airbnb, Inc. of San Francisco, Calif., 900 North Group, LLC of Pittsburgh, Kelsey Hillock and Casey Harewood of Atlanta, Ga. and K&C Ventures, LLC of Bethlehem.

The plaintiff alleges that Airbnb and the other defendants rented out its listed properties to individuals who would use the properties to host large parties advertised on social media, which often veered out-of-control.

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.

The defendants rented out the property from April 16 to April 18, with Airbnb’s platform further allowing a third-party renter to book an accommodation at the property. Additionally, the defendants did not implement or maintain a safety or security system to prevent dangerous or reckless or negligent acts from occurring at the property, the suit explains.

“Based upon information and belief, an unknown Airbnb user used Airbnb’s platform to book the property for overnight lodging accommodations, scheduled for April 16-17, 2022. Under this booking, the user or their affiliate began to circulate information about a party to be held on the premises on April 16-17, 2022. The user or their affiliate advertised the party to public on social media and other means of communication. Advertisements about the party indicated that alcohol and/or drugs would be available at the property, for use by minors or otherwise,” the suit says.

“These advertisements encouraged the use of alcohol and/or drugs at the property, for use by minors or otherwise. On the evening of April 16, 2022, a large crowd of party attendees began to gather at the property. Upon information and belief, on the evening of April 16, 2022, a line of party attendees began to amass outside of the property and accrue inside of the property.”

The suit adds that around 11 p.m., City of Pittsburgh police officers arrived at the property in response to a noise complaint made about the party. After guests assured police officers that the noise would subside upon their departure, the police then left the property.

“Prior to 12:30 a.m. on April 17, 2022, M. S.-R., then 17 years of age, was admitted to the party at the property. Upon information and belief, M. S.-R. was not aware that the property was an Airbnb unit. Upon information and belief, at all times relevant to this lawsuit, there were no signs or other indicators warning party attendees that this was an Airbnb unit,” the suit states.

“Upon information and belief, at around 12:30 a.m. on April 17, 2022, over 200 party attendees were present at the property. At or around 12:30 a.m. on April 17, 2022, at least one individual began firing multiple rounds from a firearm. M. S.-R. was shot during the gunfire. As a result of his injuries, M. S.-R. died at the hospital.”

For multiple counts of negligence, the plaintiff is seeking damages in excess of the jurisdictional amount of the Compulsory Board of Arbitrators in this County, medical and incidental expenses incurred, damages for past and future loss of household services, damages for past and future pain and suffering, punitive damages, damages for loss of earning capacity, hedonic damages, cost of suit, pre-judgment interest, post-judgment interest, attorney’s fees, costs of suit and any further relief deemed appropriate by this Court.

The plaintiff is represented by David Romanow and Sarah Thomas of Romanow Law Group, in Pittsburgh.

The defendants have not yet secured legal counsel.

Allegheny County Court of Common Pleas case GD-22-014935

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

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