Trial Magazine
Verdicts & Settlements: Premises Liability
Failure to warn of pool danger at vacation rental
October 2024Cameron Brown, 16, went with his mother and grandmother to an Airbnb vacation rental in Jacksonville, Fla. He entered the shallow end of the home’s swimming pool and lost his footing when he came upon an allegedly hidden slope. This allegedly caused him to drift deeper into the pool, and he drowned. Brown is survived by his parents.
Brown’s estate sued Airbnb, Inc., and the property hosts, alleging failure to provide a reasonably safe premises and warn of a known danger. The plaintiff also asserted that the pool was subject to heightened commercial pool requirements in Florida, since it was used for commercial purposes. Among other things, the plaintiffs charged that the pool lacked depth markers.
Airbnb challenged the plaintiff on both liability and damages. It argued that it had not violated any codes, regulations, or standards and that, as an online internet platform with no control over the premises, it owed no duty to Brown.
The parties settled for $1.3 million, the defendants’ policy limits.
Citation: Brown v. Airbnb, Inc., No. 2023CA001466 (Fla. Cir. Ct. Clay Cnty. Mar. 14, 2024).
Plaintiff counsel: AAJ member Michael Haggard and Kimberly Wald, both of Coral Gables, Fla.