Court: New York Supreme Court, County of Kings
Brief Attorney: Alyson L. Knipe, Esq. on the brief and oral argument by Stephen J. Alexander, Esq.
**Results may vary depending on your particular facts and legal circumstances**
Plaintiff commenced an action for personal injuries allegedly sustained as a result of a window slamming down on plaintiff’s hand while staying at an AirBnb accommodation booked through the AirBnb travel platform.
On May 18, 2020, Judge Ottley issued a decision granting summary judgment in favor of AirBnb. The court held that AirBnb did not owe plaintiff a duty of care. Additionally, the court found that the apartment listing on the AirBnb website for a fee does not meet the criteria of a “launching of a harm” under Espinal v. Melville Snow Contractors, Inc., 98 N.Y.2d 136 (2002). Lastly, the court further found that AirBnb lacked constructive notice of the window’s condition.