Louisiana Court Dismisses Airbnb from Injury Lawsuit
NEW ORLEANS, LA. – June 21, 2018 (eturbonews.com) As reported by an online article on eturbonews.com, a court in Louisiana dismissed Airbnb as a defendant in a lawsuit related to injuries at an Airbnb-listed property.*
In April 2015, Andrew Callard rented a property in New Orleans, Louisiana, through the website Airbnb. Airbnb is an online company that allows homeowners to list their properties and rent them out on a short-term basis to member users of the site. A friend of Callard’s, Justin Jude Carroll, joined him at the Airbnb rental. While Carroll was ascending the stairs to the apartment Callard had rented, the staircase collapsed, causing him to fall about 10 feet.
Carroll thereafter filed a lawsuit against the owners of the apartment and Airbnb, among others, alleging that he sustained severe musculoskeletal and neurological injuries because of the fall. Airbnb moved for summary judgment to be let out of the case, and the U.S. District Court for the Eastern District of Louisiana granted its motion.
In its ruling, the Court found Airbnb had no control over the property but merely acted as an intermediary between the property owner and the renters. It had no duty to inspect or maintain the property and had no power to authorize any necessary repairs. Airbnb also had no actual or constructive knowledge of a defect in the stairs. Therefore, the Court found there was no factual dispute that would allow the case to move forward against Airbnb.
Carroll was still able to maintain his lawsuit against the property owners, as they were the people in a position to know about and correct dangerous conditions before renting out their property or to provide sufficient warnings to any renters. Callard also filed suit against the property owners. The lawsuits have been consolidated and are still pending.
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