Airbnb Has Little To Say On Mexico Carbon Monoxide Deaths, Potential Lawsuit

On October 30, three American tourists were found dead at their Airbnb rental in Mexico City. The bodies of Kandace Florence and Jordan Marshall, each 28, and Courtez Hall, 33, were found at an Airbnb rental home in La Rosita, an upscale Mexico City neighborhood. Hall and Marshall were teachers in New Orleans; Florence was a business owner from Virginia Beach.

Investigations appear to show that the three friends died accidentally through carbon monoxide poisoning. One was taking a shower, which activated a water heater that had a gas leak. The colorless, odorless gas then filled the apartment, with the three being unknowingly poisoned. A full report, which would indicate whether the home had a carbon monoxide detector with an alarm, has not been released by Airbnb.

I posted a story about the tragedy on November 11. I spent several days making multiple and repeated efforts to get comments from Airbnb. I did not hear back from them.

On November 30 NBC News ran a story. It included exclusive interviews with the mothers of the three young Americans who died in the Airbnb.

Freida Florence, Kandace’s mother, told NBC that Airbnb should have required rental homes to have working carbon monoxide detectors. “I cannot process in my mind why my daughter is not here today,” Ms. Florence said. “There is no excuse. It cost $30. If I had known, I would have bought it for her.”

I reached out again to Airbnb about a follow-up story. After several requests, a company spokesperson issued this statement.

“This is a terrible tragedy, and our thoughts are with the families and loved ones as they grieve such an unimaginable loss. Our priority right now is supporting those impacted as the authorities investigate what happened, and we stand ready to assist with their inquiries however we can.”

Airbnb sources noted that the company suspended the listing and canceled upcoming reservations.

There has been at least one similar fatal incident in Mexico. In 2018, an American couple from New Orleans died of CO poisoning at an Airbnb in San Miguel Allende.

Airbnb is clearly aware of such issues. The company’s Airbnb Trust & Safety website for hosts said in November, “All Airbnb Hosts with an active listing can get a free smoke & carbon monoxide alarm. “The listing adds, “We ask that all listings be equipped with smoke alarms and equipped with carbon monoxide alarms if the listings have fuel burning devices.”

Airbnb could insist that hosts have smoke and carbon monoxide alarms and prove it with photographs and/or attestations, but curiously, they do not. Their language continues to be about request, not demand. “We ask that all listings be equipped with smoke alarms and carbon monoxide alarms if the listings have fuel burning devices.” And “Hosts are encouraged to install carbon monoxide alarms in their space.”

L. Chris Stewart, an Atlanta-based attorney representing the mothers of the victims, told NBC that ‘Airbnb regulates guns and parties, so requiring carbon monoxide alarms should be a company policy to keep customers safe.’

Indeed, Airbnb has codified its ‘party ban,’ with “serious consequences for guests who attempt to violate these rules, varying from account suspension to full removal from the platform.” If in 2021, “over 6,600 guests were suspended from Airbnb for attempting to violate the party ban,” why can’t Airbnb insist that its hosts have a CO detector on their properties?

Airbnb also just announced that it is cutting 4000 hosts from the platform for violating nondiscrimination policy. Again, if it can do this, why can’t Airbnb require hosts to provide a CO and smoke detector?

When filed, the lawsuit from the family members will seek to compel Airbnb to do exactly that. That is, mandate working carbon monoxide detectors at all of its properties around the world.

The problem, says writer and hospitality industry expert Katherine Doggrell, is that Airbnb is “a platform, not a hospitality company.” Doggrell is the author of Checking Out: What the Rise of the Sharing Economy Means for the Future of the Hotel Industry.

“Airbnb offers a lot of guidance as to how it would like you to host, lots of advice on what it would like you to do and plenty of best practice. Contrast this with the 25-year agreement an operator has with a hotel company. If your hotel hoists a Marriott, Hilton, IHG, Accor or any brand flag, you will be bound to a contract which will define the carpet beneath your feet, the font on your free stationery and the position of your croissant at breakfast. Nothing is left to chance and safety is a priority.”

By contrast, Doggrell says, “We have seen a number of businesses wary of using sharing platforms like Airbnb for corporate travel because they cannot guarantee the duty of care they must address when they send their people out on the road.”

Questions like these may soon concern leisure travel customers as well, says Doggrell. “As these accidents continue to happen, all travelers are likely to start thinking about the safety implications of staying in a stranger’s home.”