Airbnb Sued Over Carbon Monoxide Death Of Young American

A lawsuit was filed against Airbnb on June 16, stating that American Sebastian Mejia died of carbon monoxide poising in an Airbnb-rented Rio de Janeiro apartment. The young scholar on Latin American indigenous people was just 24.

The suit, filed in California Superior Court in San Francico, states that on October 5, 2022, Sebastian turned on the hot water heater in the bathroom to take a shower. Due to what a Brazilian police investigation revealed was an improperly installed and damaged exhaust duct, the hot water heater began emitting dangerously high levels of carbon monoxide into the bathroom.

According to the suit, Mejia’s body was found the next day, naked. He was lying in the shower, face up, with the water running.

The hot water heater was improperly installed inside the bathroom, which lacked proper ventilation, the suit alleges. This was a violation of applicable building codes.

Sebastian Mejia of Miami, Florida, was a promising young teacher and scholar. His family, originally from Colombia, were descended from the Muisca and Panche people. Sebastian began researching his indigenous roots at a young age. After receiving his bachelor’s degree summa cum laude from Florida State, he was awarded a Departmental Fellowship at NYU and began his graduate studies at its Center for Latin American and Caribbean Studies. At the time of his death, he was doing research on indigenous peoples in Brazil in connection with a Fulbright fellowship.

In addition to the death of Mejia, a number of fatalities from carbon monoxide poisoning have been reported at properties on the Airbnb platform. I reported on the deaths of three young Americans from carbon monoxide poisoning on October 30, 2022 here and here. They were staying at Airbnb with an allegedly similar faulty water heater installation. In December, the families of the victims announced they were planning to sue Airbnb.

“Despite Airbnb’s marketing efforts to position itself as a purveyor of safety, it refuses to mandate the use of simple carbon monoxide detectors,” states a press release filed by Miami-based Ferraro Law Firm and California-based Wisner Baum, attorneys for Sebastian Mejia’s family.

The problem, as hospitality industry expert Katherine Doggrell put it in December, 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.”

In the wake of the latest tragedy, Airbnb shared with us a policy statement similar to what it released in December.

“Our global teams work each and every day to promote safe travel for our community. We run a global detector program, giving away combined smoke and CO detectors at no cost to all eligible Hosts. To date, over 200,000 Hosts globally have ordered a detector through this program.”

The statement added, “We encourage all Hosts to confirm that they have a smoke and CO detector installed, and homes that report having a detector are clearly marked, so this information is visible to guests. Guests can also filter listings by homes that report having them. If a guest books a listing where a Host has not yet reported detectors present, we flag this so they’re aware and can take precautionary steps as needed.”

Carbon monoxide tragedies are hardly limited to Airbnb. Just this week a young American couple was found dead at an upscale resort outside Cabo San Lucas, Mexico, operated by Hyatt. Early indications point towards carbon monoxide poisoning.

But a number of guests have died of carbon monoxide poisoning at Airbnb properties in addition to the three deaths in Mexico, say the Mejia’s attorneys. In 2013, a 35-year-old Canadian woman died at an Airbnb property in Taiwan. In 2018, a couple from New Orleans died at an Airbnb property in Mexico. In April 2019, a Florida resident died at an Airbnb property in Colombia. And in May 2019, six tourists from Brazil died at an Airbnb property in Chile. In December 2021, a 25-year-old Californian died while showering during her stay at an Airbnb property in Mexico.

In the United States alone, the Center for Disease Control says carbon monoxide is the leading cause of accidental poisoning deaths, leading to over 430 deaths and 50,000 emergency department visits each year. Travel experts say that carrying an inexpensive battery-operated carbon monoxide detector may alert you to a dangerous CO buildup.

In December 2022, author Doggrell presciently noted. “As these accidents continue to happen, all travelers are likely to start thinking about the safety implications of staying in a stranger’s home.”

An Airbnb spokesperson said, “Our thoughts remain with Sebastian’s loved ones in the wake of their tragic loss, and our hearts go out to them during this difficult time.” Airbnb said it could not comment further on this matter since it is now in active litigation.

Daniel Mejia, Sebastian’s brother, wasn’t as conciliatory. He said, in connection with the launch of the lawsuit, “Sebastian’s death is not an accident. Airbnb has intentionally chosen to ignore basic safety measures in favor of profits and because of this, several families have lost loved ones in Airbnb rentals. We hope this lawsuit sheds light on this systemic negligence and enacts change so that renters are better protected, and no other lives are taken.”

There was no dollar amount mentioned in the filing.