Today Leesfield Scolaro announced a lawsuit against Airbnb, Inc. for wrongful death after a 19-month-old baby fatally ingested fentanyl while sleeping at an Airbnb in Palm Beach County.
Leesfield Scolaro is representing the parents of Enora Lavenir, who died at Palms West Hospital after coming into contact with Fentanyl inside the house on August 7, 2021, one day after the family arrived at the Airbnb. The lawsuit names Airbnb, Ronald M. Cortamilia, the owner of the property, Yulia A. Timpy, a manager of the property, and Aaron Kornhauser, who previously rented the property via VRBO. According to the complaint, Kornhauser hosted a party with approximately a dozen other adults in attendance who used cocaine and other drugs in the rental.
The Lavenirs rented this property for a family vacation with their infant, Enora, and her young siblings. They were promised a safe home where the strictest cleaning procedures were followed and parties banned. Unbeknownst to the Lavenirs, the property had a history of being used as a party house where fentanyl was left over in the rental.
The case (2022-CA-011956) alleges that Airbnb was negligent for marketing and promoting its rentals as safe for children and infants when it knows these same rentals are often used for illegal drug-fueled parties where potentially lethal levels of opioids and narcotics are consumed. Airbnb deliberately hides the risks and prevalence of drug activity in its rentals. Unsuspecting parents, like the Lavenirs, are left completely in the dark about the dangers that await their families. As the country grapples with a grave fentanyl crisis, named the single deadliest drug threat our nation has ever encountered by the DEA, this issue deserves immediate attention, novel litigation and the families deserve justice under the law.
“Airbnb must be held accountable and we hope this case paves the way for the development of life-saving regulations for the company’s six million listings in 191 countries,” says Thomas Scolaro, Partner at Leesfield Scolaro. “This case demonstrates the audacious oversight and lack of accountability in the growing “shared” economy particularly in the hospitality industry where safety is paramount.”
Leesfield Scolaro has a history of using litigation to protect the lives of consumers across the world. High profile examples include the establishment of safety procedures against the Japanese motor industry, tougher furniture tip-over standards, and the passage of litigation mandating carbon monoxide detectors in public accommodations.
Please reach out to victoria@augustprny.com with media inquiries or to obtain a copy of the full lawsuit filed in the Circuit Court for the 15th Judicial Circuit in and for Palm Beach County, Florida.