In 2023, a tragic and preventable incident claimed the life of a young autistic boy who was struck by a vehicle on a main road just outside his apartment complex. The child had exited the property through a broken vehicle gate that had been left open and unrepaired.
Attorneys Michael Haggard and Adam Finkel of The Haggard Law Firm filed a wrongful death lawsuit against both the driver of the vehicle and the property owners and managers of the apartment complex, holding them accountable for the conditions that allowed this tragedy to occur.
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.
The Haggard Law Firm, led by Michael Haggard and Adam Finkel, successfully secured a $10.5 million settlement in a heartbreaking case involving the fatal drowning of a 5-year-old girl, Thamar Esperance, at a residential pool under construction in Apopka, Florida.
A Tragic, Preventable Loss
On September 15, 2021, 5-year-old Thamar Esperance wandered away from her home in the Carriage Hill community just before dinner. She came across a residential pool that was under construction in her neighbor’s yard. Although the pool was filled with water, the construction site lacked a child safety barrier—a critical safety feature required to prevent these very tragedies. Without a fence to block her path, Thamar entered the pool area unnoticed and suffered a fatal drowning. By the time her family discovered what happened, it was too late.The loss of young Thamar was devastating for her family. She is survived by her grieving parents.
The Haggard Law Firm’s Pedro Echarte along with co-counsel Nick Kassatly and Daniel Tighe of the Traction Law Group have secured a $3 Million settlement in a negligent security wrongful death case against the owners of Red Roof Inn motel in Jacksonville, Florida.
Case Overview: A Preventable Tragedy
The tragic case involved the murder of Kieron Singleton, who was fatally shot on September 18, 2021, inside a room at the Red Roof Inn, located at 6099 Youngerman Circle, Jacksonville, Florida. On the night of the incident, Andy Williams, a long-term guest at the motel and an alleged drug dealer, entered the room where Mr. Singleton was staying. An argument broke out, and Williams shot and killed Mr. Singleton. Mr. Singleton left behind one surviving son.
A History of Criminal Activity at Red Roof Inn
The wrongful death negligent security lawsuit alleged that the Red Roof Inn had a long-standing history of criminal activity, including drug dealing and other criminal incidents.
Negligent Security Failures
Despite these ongoing issues, the Plaintiff alleged that the property owner and motel operator, Sunstar Orangepark, Inc., failed to implement basic security measures, creating an environment where violent crime was foreseeable. The Plaintiff also alleged that the Red Roof Inn failed to take steps to remove problematic and dangerous guests, including Andy Williams, from the property. The Plaintiff argued that if the motel had enforced stricter security policies, removed Andy Williams due to his prior behavior at the motel, and taken proactive measures to prevent crime, this tragedy could have been avoided.
Trial lawyer Pedro Echarte
Legal Challenges & Key Arguments
One of the primary challenges in this case was that the fatal shooting occurred inside a motel room, rather than in a common area. However, the Plaintiff’s attorneys built a strong case that around the argument that Mr. Williams should have been removed from the property long before the night in question. The Plaintiff also was able to prove that some of the argument had spilled into the common area and if the Red Roof Inn had much needed security, they could have stopped the incident before it escalated to a shooting.
Justice for Victims of Negligent Security
At The Haggard Law Firm, we excel in premises liability and negligent security cases across the country, helping families seek justice after preventable tragedies. If you or a loved one has suffered due to a property owner’s negligence, contact our experienced legal team today. 📞 Call (305) 446.5700 or fill out our online form for a free consultation.
The Haggard Firm’s Adam Finkel and Michael Haggard secured a $2 million settlement in a dram shop liability case. Finkel and Haggard, along with co-counsel Gregory P. Lee of Texas, successfully held two negligent bars accountable after they served alcohol to underage patrons, leading to a devastating crash.
In the summer of 2021, 17-year-old Brody Perque joined a friend’s family on a trip to Orlando, Florida. On the night of August 13, 2021, Brody and his friend borrowed a rental car and attempted to enter downtown Orlando bars using fake IDs. Despite being visibly underage, they were allowed into Saddle Up All American Bar, where they were served alcohol with little to no age verification. Later, they moved across the street to Aero Rooftop Bar & Lounge, where staff briefly checked their out-of-state IDs, scanned them, and let them in.The two continued drinking before leaving and getting back into the rental car. Tragically, they crashed. Brody was ejected through the windshield and pinned beneath the car’s scalding-hot exhaust pipe, suffering severe burn injuries.
Brody Perque was an active teen before this incident.
Legal Action: Holding Bars Accountable for Overserving Minors
The personal injury lawyers at The Haggard Firm filed a personal injury lawsuit sounding in dram shop liability against Saddle Up All American Bar and Aero Rooftop Bar & Lounge. The case argued that both establishments:
Failed to properly verify IDs before serving alcohol
Neglected their legal responsibility to prevent underage drinking
Violated their own policies and procedures regarding ID checks
The Defense’s Argument
The defendant bars claimed that Brody and his friend presented fake IDs, and Aero Rooftop even successfully scanned the IDs. However, through extensive investigation, our attorneys uncovered evidence proving the bars’ negligence.One of the most critical aspects of the case was our ability to use Aero Rooftop’s own training experts as their own witnesses. Haggard and Finkel anticipated that these experts would have confirmed that Aero Rooftop failed to follow the proper procedures that they were trained to implement.
Trial lawyer Michael HaggardTrial Lawyer Adam Finkel
$2 Million+ Settlement: Justice for the Victim
Facing overwhelming evidence, both bars agreed to pay their full $1 million insurance policy limits.This settlement also included the maximum insurance payout from Brody’s friend and his mother, who had rented the vehicle. The settlement total $2,055,055.00.
Why This Case Matters
This case serves as a reminder of the importance of dram shop laws, which hold bars and establishments accountable for overserving alcohol to minors or visibly intoxicated individuals. The Haggard Firm’s attorneys are committed to fighting for victims and their families when negligence leads to preventable tragedies.
Contact The Haggard Firm for a Free Consultation
If you or a loved one has been injured due to a drunk driving accident, overserving of alcohol, or negligence by a bar or restaurant, you may have a case under dram shop laws.
📞 Contact The Haggard Firm today for a free consultation with an experienced personal injury lawyer. Let us fight for the justice and compensation you deserve.
The Florida Third District Court of Appeals has upheld a $13 million verdict in a wrongful death product liability case litigated by The Haggard Law Firm, led by attorneys Pedro Echarte and Todd Michaels, along with co-counsel Ernesto Santos of HALPERN | SANTOS | PINKERT, and Haggard Law appellate attorney Jim Blecke. This decision, which stems from a verdict in Miami-Dade County Court in July 2023, involves the carbon monoxide poisoning death of Matthew Burns, a beloved father of two, resulting from his use of a piece of equipment he rented from Sunbelt Rentals, Inc.
Court’s Decision on Expert Testimony
The court’s ruling addressed the defendant’s objections regarding the testimony of two plaintiff’s experts under the Daubert standard, as well as the claim that one of the Estate’s experts provided “surprise” testimony. Sunbelt Rentals, the defendant in the case, argued that excluding this expert testimony would have left the record insufficient to support the jury’s verdict and requested an entire dismissal of the case. The appellate court rejected these arguments and affirmed the jury’s decision, ensuring justice for the Burns family (click below to read the court opinion).
On July 12, 2019, Matthew Burns tragically lost his life due to carbon monoxide poisoning while operating a “Shot Blaster” machine, which he had rented from Sunbelt Rentals. Attorneys Echarte, Michaels, and Santos argued that Sunbelt Rentals was negligent in renting out the equipment without the necessary safety equipment, including a carbon monoxide monitor, and failing to warn Mr. Burns of the need for such equipment. Sunbelt was aware that the machine would be used in indoor or partially enclosed environments, putting operators like Mr. Burns at serious risk for carbon monoxide poisoning. The legal team further highlighted that Sunbelt Rentals failed to follow the manufacturer’s instructions and warnings in the machine’s manual. As per the manufacturer’s safety guidelines, Sunbelt should have informed Mr. Burns to use a portable carbon monoxide monitor and ensure he received proper training before operating the machine.
Matthew Burns’ Family’s Heartbreaking Loss
Matthew Burns left behind his wife and their twin children. Through their dedicated legal work, The Haggard Law Firm has ensured that the Burns family received justice for their devastating loss and highlighted the urgent need for better safety standards in the rental equipment industry.
Experienced Attorneys in Complex Product Liability Cases
The Haggard Law Firm has a proven track record in handling some of the most complex product liability cases nationwide. Our team has represented families affected by dangerous products ranging from faulty theme park rides to defective boating equipment, unsafe sports gear, and hazardous pool drains. We are committed to helping victims of product failures seek justice and compensation for their losses.
(Stock Image – This is not the chamber referred to in this story)
Friday a 5-year-old boy died in an explosion inside a hyperbaric chamber at The Oxford Center in Troy, Michigan. First responders found the boy dead inside the chamber, and his mother, who was standing next to it, suffered arm injuries. The incident occurred during hyperbaric oxygen therapy, which uses high-pressure oxygen to treat various conditions, though the exact cause of the explosion remains under investigation. The Oxford Center, which has been providing such therapy for 15 years, expressed sorrow and vowed to cooperate fully with the investigation.
This tragic event has brought renewed attention to the risks of hyperbaric therapy, especially in non-FDA approved treatments. Hyperbaric chambers, which operate in a pressurized, oxygen-rich environment, are highly combustible, and the explosion is thought to have been fueled by the oxygen present.
A Similar Tragedy: Francesco Martinisi’s Fatal Journey
The recent tragedy in Troy echoes a devastating case from 2009 when 4-year-old Francesco Martinisi, who had cerebral palsy, died in a hyperbaric chamber explosion at a clinic in Lauderdale-by-the-Sea, Florida. Francesco’s grandmother also perished in the fire. The Haggard Law Firm represented the family in the wrongful death product liability case. During the case The Haggard Law Firm’s Michael Haggard discovered that the clinic used outdated equipment, contributing to the explosion. Haggard’s efforts helped secure justice for the Martinisi family, but the case highlighted critical safety failures in hyperbaric treatment.
A Call for Greater Accountability
The Haggard Law Firm continues to fight for families affected by similar, preventable tragedies and is stressing the need for stronger safety regulations in hyperbaric therapy centers. “There is no excuse for these types of incidents,” Haggard said. “Stricter oversight and safety protocols are essential to prevent further tragedies.”
Michael Haggard
As investigations into the Troy incident unfold, the hope is latest tragedy will prompt reforms in hyperbaric therapy practices. For now, the families involved are left grappling with a devastating loss.
The Haggard Law Firm, led by Michal Haggard and Kimberly Wald, along with co-counsel, Gregory Kraemer of Morgan & Morgan secured a $26 million policy limits settlement in a near-fatal drowning case involving a 2-year-old boy. Jasper Richard, suffered a catastrophic brain injury after gaining access to an apartment complex pool in Las Vegas, Nevada. The incident, which took place in May 2023 at the Summer Winds apartment complex, has brought attention to critical issues related to pool safety and property management.
The Haggard Law Firm’s Todd Michaelsand Joshua Padron , along with co-counsel David Scheiner and Stratton Shiner of the David Smiley of the Scheiner Law Firm, recently secured a **$7.35 million settlement** in a negligent security wrongful death case in Palm Beach County, Florida. This settlement underscores the firm’s continued commitment to advocating for victims and their families in the face of unimaginable and preventable loss.
In a significant victory for victims of preventable crime, The Haggard Law Firm, led by Managing Partner Michael Haggard and partner Douglas McCarron, has successfully secured a $28.9 Million settlement in a catastrophic injury negligent security case stemming from a shooting incident involving a teenager. This case not only highlights the need for adequate security measures in residential complexes but also raises critical questions about the implications of recent tort reform in Florida.
