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Plaintiffs Accuse Airbnb of Negligence After Deck Collapse Causes Severe Injuries

NORTHERN CALIFORNIA RECORD

Monday, April 28, 2025

Plaintiffs Accuse Airbnb of Negligence After Deck Collapse Causes Severe Injuries

State Court
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Superior Court of California - County of San Francisco | Official website

Marion Allison Tharp and Meredith Tharp have filed a compelling lawsuit against a major online vacation rental platform, highlighting the potential dangers lurking in short-term rental properties. The plaintiffs, represented by Greene Broillet & Wheeler, LLP, filed their complaint on April 17, 2025, in the Superior Court of California, County of San Francisco. The defendants include Airbnb, Inc., a prominent player in the vacation rental industry.

The case stems from an incident that occurred on April 22, 2023, when Marion Allison Tharp and her daughter Meredith were severely injured after a deck collapsed at a property rented through Airbnb. According to the complaint, Airbnb and its associates facilitated the rental of a property located at 580 Little Tree Road in West Jefferson, North Carolina. The plaintiffs allege that the deck was structurally unsound due to gaps between its joists and beams—defects that could have been identified with reasonable inspection prior to their stay. As they gathered with family members for a photo on the deck, it suddenly gave way beneath them.

The plaintiffs accuse Airbnb of multiple legal violations including strict liability under the North Carolina Vacation Rental Act and negligence for failing to ensure the safety of properties listed on its platform. They assert that Airbnb acted as a "real estate broker" under North Carolina law but neglected its duty to notify landlords about necessary repairs or manage properties safely. Moreover, they claim that Airbnb deceptively advertised the property as capable of accommodating large groups despite knowing such conditions violated its own terms and posed safety risks.

As part of their legal action, Marion Allison Tharp suffered significant injuries requiring surgeries for fractures in her heel and pelvis among others. Similarly, Meredith Tharp sustained facial fractures and other serious injuries. Both plaintiffs seek damages exceeding $50,000 each for medical expenses incurred and anticipated future costs related to their injuries. Additionally, they demand compensation for lost earnings due to their inability to work following the accident.

Represented by attorneys Molly M. McKibben from Greene Broillet & Wheeler LLP alongside Melissa Abrams and Noah Abrams from Abrams & Abrams P.A., the plaintiffs are pursuing general damages above $50,000 along with economic losses covering medical bills and lost wages. They also request prejudgment interest and any further relief deemed appropriate by the court.

This case is presided over by Judge Daeja Rogers under Case No. CGC-25-624502 at San Francisco's Superior Court—a pivotal moment highlighting accountability within online vacation rentals while seeking justice for those affected by negligence.

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