PITTSBURGH – A Pittsburgh group has refuted charges from one of its Georgia-based co-defendants that it is liable for injuries that a plaintiff suffered when she was attempting to escape a shooting at a party, which took place at an Airbnb rental home in Pittsburgh.
Dejonia Rosser of Pittsburgh first 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 explained 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 said.
“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 said.
“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 added 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 stated.
“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.”
On March 13, K&C Ventures, LLC filed an answer and new matter in the case, denying responsibility for Rosser’s injuries.
“Plaintiff’s complaint fails to state a claim upon which relief can be granted. Plaintiff’s damages were the result of third parties over which K&C Ventures had no control. Plaintiff’s damages were the result of intervening and superseding causes over which K&C Ventures had no control. K&C Ventures acted in a reasonable and prudent manner at all times. Plaintiff’s damages may be reduced or eliminated by the terms of the assumption of the risk doctrine. Plaintiff’s damages may be reduced or eliminated as a result of her failure to mitigate damages. Plaintiff’s damages should be reduced by the terms of the Pennsylvania Comparative Negligence Act,” the answer stated, in part.
“Liability on the part of defendants, which his wholly denied, should be governed by the terms of the Pennsylvania Fair Share Act. K&C Ventures were not responsible for undertaking identity verification of the guests utilizing the Airbnb platform. K&C Ventures were not aware of any prior parties which were held at the subject property prior to April 16, 2022. K&C Ventures took all reasonable steps to ensure that parties were not held at the subject property. K&C Ventures took all reasonable steps to ensure that the guests renting their property were safe. K&C Ventures have no record of allowing parties to take place at any of the properties they own, rent, or manage. K&C Ventures was not aware of a party occurring at the subject property on April 16-17, 2023 until contacted by the police following the incident.”
K&C Ventures, LLC also lodged cross-claims against its co-defendants Airbnb, Inc. and 900 North Group, LLC.
UPDATE
On March 31, 900 North Group, LLC replied to K&C Ventures, LLC’s new matter.
“The averments in Paragraphs 58-71 of defendant’s new matter are strictly denied. The averments contain conclusions of law to which no responsive pleading is required. To the extent responses are required, the defendant’s statements are speculative and strict proof is demanded at trial,” the reply stated.
“After reasonable investigation, plaintiff is without sufficient knowledge to form belief as to the truth or accuracy of the allegations. To the extent a response is required, the defendant’s statement is speculative and accordingly, plaintiff lacks sufficient knowledge to reply. Strict proof is demanded at trial.”
The answering defendant further replied that the cross-claim constituted nothing more than legal conclusions to which no responsive pleading is required.
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 are represented by Christina Manfredi McKinley, Kevin K. Douglass and Jessica M. Barnes of Babst Calland Clements & Zomnir, Ashley N. Rodgers and James M. Leety of Lewis Brisbois Bisgaard & Smith, plus Brian S. Kane and McCall B. Chafin of Burns White, all also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-22-014028
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com