On December 27, 2022, Luis Penaloza Herrera died from carbon monoxide (CO) poisoning while staying at an Airbnb short-term rental property in San Luis Potosi, Mexico. Mr. Penaloza Herrera was neither the first nor the last Airbnb guest to die from CO poisoning while staying at a property in a foreign country booked through Airbnb. During the 10 year period between 2013 – 2023, it has been reported that at least 19 Airbnb guests have died from CO poisoning.
In December 2024, The Haggard Law Firm, on behalf of Mr. Penaloza Herrera’s wife filed a wrongful death lawsuit against Airbnb, Inc., alleging counts of negligence and premises liability. The crux of the lawsuit is that Airbnb, Inc. operates a tourism business that facilitates the short-term rental of properties and creates the opportunity for its guests to circumvent traditional hotels to rent unregulated, unlicensed, uninspected and ultimately unsafe dwellings from its hosts across the globe.
Further, Airbnb, Inc., became aware of the significant problem of CO poisoning and the risks posed to its guests nearly a decade ago, was in a position to address the risk (e.g., mandating its hosts use CO detectors) and failed to do so reasonably. Airbnb, Inc., filed a demurrer in the litigation arguing that it could not be liable for Mr. Penaloza Herrera’s death because it owes no duty to its guests. Despite clearly knowing of the risks posed to its guests, Airbnb, Inc., argued that it owes no duty to operate its platform in a reasonable manner and it owes no duty to its guests to mitigate the known risks of CO poisoning (and by extension to keep guests safe from any known risks). A hearing was held on Airbnb’s arguments concerning its lack of duty in San Francisco Superior Court on May 8, 2025.
The Court issued an Order overruling Airbnb, Inc.’s demurrer, holding that the facts as pled in the Complaint do support finding a legally cognizable duty under California law. The position taken by Airbnb, Inc. demonstrates the corporation’s callous disregard for the safety of those that its profits from – i.e., its guests – and the dangers posed to those that use its platform. While the litigation is still in its early phases, this victory is a major step forward in holding Airbnb Inc., accountable for this tragic loss of life and for its egregious failures in dealing with this systemic problem with its business.
