A tragic incident involving the death of a man from carbon monoxide poisoning at an Airbnb rental in Mexico has led to a wrongful death lawsuit against the company. Yessica Garcia Cardenas filed the complaint on December 23, 2024, in the Superior Court of California, County of San Francisco, naming Airbnb, Inc., Airbnb Payments, Inc., and Airbnb Travel, LLC as defendants.
The case revolves around the untimely death of Jose Penaloza Herrera, who died from carbon monoxide poisoning while staying at an Airbnb property in San Luis Potosi, Mexico on December 27, 2022. The lawsuit alleges that Herrera's death was caused by a defective gas-powered water heater inside the rental unit. Yessica Garcia Cardenas, Herrera’s surviving spouse and heir, accuses Airbnb of negligence for failing to ensure the safety of its rental properties. The complaint highlights that Airbnb had knowledge of previous incidents involving carbon monoxide poisoning at their properties but failed to implement adequate safety measures or warnings for guests.
The plaintiff claims that despite recognizing the risks associated with carbon monoxide as early as 2014 and promising to require hosts to install detectors by year-end, Airbnb never enforced this policy. Instead, they offered optional free detectors to hosts without mandating their installation. The complaint details several prior incidents between 2013 and 2023 where guests suffered or died from carbon monoxide poisoning at Airbnb rentals worldwide. These include deaths in Taiwan, Colombia, Brazil, and multiple cases in Mexico.
Garcia Cardenas argues that Airbnb's failure to warn guests about these dangers or enforce safety protocols directly contributed to her husband's death. She is seeking damages for loss of companionship and financial support due to her husband's passing. Additionally, she demands compensation for funeral expenses and other related costs.
Representing Garcia Cardenas are attorneys Timothy A. Loranger and Matthew P. French from Wisner Baum LLP; Pedro Echarte and Michael Haggard from The Haggard Law Firm; Christopher Stewart and Michael Roth from Stewart Miller Simmons Trial Attorneys are also involved pending pro hac vice admission. The Case ID is: CGC-24-620840.