Toronto Lawsuit Aims to Make Airbnb Responsible for Public Safety

TORONTO, Nov. 29, 2019 /CNW/ - A 19-year-old Humber College student who was shot while attending an Airbnb house party in Toronto last April is seeking to hold Airbnb, the homeowner, and party organizers responsible for the safety of all guests.

"While Airbnb operates in the online world, that does not give it impunity in the real world, where people are getting shot and killed at its house parties," said Michael Smitiuch, of Smitiuch Injury Law PC, the lawyer representing Sean McCann. "It's about time Airbnb made protecting public safety a business priority."

On Saturday, April 27^th, 2019 at approximately 12:30 a.m., Sean McCann was shot without warning in the lower back/buttocks area. He was caught in a spray of bullets after another guest opened fire during what was advertised on social media as an Airbnb mansion party at 4663 Dundas Street West. McCann was taken to Sunnybrook hospital with serious injuries including a fractured pelvis and internal nerve damage. He was treated and released four days later.

In the Statement of Claim filed in the Ontario Superior Court of Justice in Toronto, McCann is seeking $5 million in damages against Airbnb, the homeowner Wojciech Stasieczek, two women who rented the home and coordinated the house party, and the shooter.  

Smitiuch alleges in the Statement of Claim that the shooting occurred as a direct result of the negligence of the defendants. It's alleged that Airbnb allowed the sparsely furnished home to be promoted and rented through its website when it knew, or ought to have known that these homes are commonly used by guests and renters for parties that turn violent.

"There's far too much focus on making money and far too little on proper policies and procedures to protect the safety of guests," added Smitiuch. "This case is about accountability, before someone else gets hurt or worse."

SOURCE Smitiuch Injury Law PC

Michael Smitiuch, [email protected], 416-621-1551; Danna O'Brien, [email protected], 416-500-0699