Key West Injury Lawyer Blog
A Naples family is suing Airbnb after their son, 24, died from carbon monoxide poisoning at a Brazilian rental apartment.
Sebastian Mejia had spent the last eight months studying indigenous communities aboard while pursuing his master’s degree at New York University. The young student already had a bachelor’s degree in Latin American and Caribbean studies and international affairs alongside a minor in Portuguese.
He died while at the Rio de Janeiro Airbnb on Oct. 5, 2022. Rosa Martinez, Mejia’s mother, told reporters that a faulty gas water heater inside the bathroom where he was showering is to blame for the toxic gas in the air, WSVN reported this week. Martinez added that the water heater was installed “apparently” without the proper permission or maintenance. In addition to the improper installation, the exhaust pipe on the water heater was allegedly damaged, her lawsuit claims.
For Martinez, the solution to this deadly problem is simple — carbon monoxide detectors. These detectors are generally inexpensive and, according to numbers from the U.S. Consumer Product Safety Commission, are responsible for saving an estimated 200 lives annually. Carbon monoxide detectors alert residents to dangerous levels of the toxic gas in the air, something that the average person cannot detect due to its colorless and odorless nature.
“If they would have taken those actions, my son probably would have still been alive and we would have been celebrating his 27th birthday tomorrow,” Martinez said.
Airbnb’s Response
In statements to the news outlet, Airbnb said that it encourages hosts with fuel-burning appliances to install carbon monoxide detectors and said it flags listings without these detectors to customers at the time of booking. For these guests, the rental site says that it recommends they bring their own portable detector for safety.
When interviewed last year, Airbnb CEO Brian Chesky said that a carbon monoxide detector mandate on all the site’s properties would be “very hard.” Over a decade ago, the company promised to have a mandate, pledging carbon monoxide detectors at every listing by the end of 2014. That mandate never happened.
About 19 people have died from carbon monoxide poisoning on Airbnb properties outside the United States in the last 10 years. In the U.S., nearly 60% of Airbnb properties were equipped with carbon monoxide detectors.
Leesfield & Partners
Leesfield & Partners has maintained a prominent role in carbon monoxide litigation for decades, largely due to the pioneering efforts of its Founder and Managing Partner, Ira Leesfield. Mr. Leesfield played a pivotal role in advancing carbon monoxide safety in Florida, most notably through his advocacy for Senate Bill 1822, which led to the enactment of key protective legislation. Building on that legacy, Leesfield & Partners has earned national recognition as a leading firm in carbon monoxide injury law, successfully representing numerous victims and families affected by this silent hazard.
One such case includes that of a woman who was exposed to the lethal gas during her stay at a foreign resort. Leesfield & Partners attorneys obtained over $11 million for the woman in that case.
A confidential amount was secured on behalf of a college student who was exposed to carbon monoxide while staying in a house owned by the university. The cause of the leak in that case was revealed to be an exhaust pipe from the house’s furnace.
The firm represented a family staying at a Key West hotel when carbon monoxide slowly leaked into their room due to a broken roof vent. The hotel failed to hire a licensed technician to properly repair and/or inspect the damaged vent. Luckily, this family was able to call for help before it was too late.
A multi-million-dollar recovery was secured for the family in this case by Leesfield & Partners attorneys.
The firm has remained committed to raising awareness around this safety hazard and, in 2024, Mr. Leesfield and Trial Lawyer Evan Robinson co-authored an article discussing the issue and ways people can keep their families safe from carbon monoxide exposure. Additionally, the attorneys advised in the article ways in which plaintiffs and their lawyers can preserve documents that may later be used during a lawsuit.
“Carbon monoxide poisoning isn’t just a subtle threat; it’s the second most common cause of non-medicinal poisoning death,” they said.
Because carbon monoxide cannot be seen or smelled, it can be incredibly difficult to detect before it builds up in an enclosed space. When someone breathes it in, it can quickly bind to the hemoglobin in their blood and inhibit the body’s ability to carry oxygen. Symptoms include fatigue, dizziness and confusion before a person loses consciousness. If this person does not seek immediate medical attention, carbon monoxide exposure can be fatal.
It is estimated that approximately 400 people in the United States die from unintentional carbon monoxide poisoning every year, according to data from the Centers for Disease Control. Over 100,000 people visit the emergency room annually for carbon monoxide exposure and more than 14,000 people are hospitalized every year.
“Every casualty from carbon monoxide poisoning has been unnecessary,” Mr. Leesfield said previously. “We have successfully represented numerous victims of carbon monoxide poisoning for 48 years and fought hard for the passage of Senate Bill 1822.”
Carbon Monoxide Safety Tips
- Install a carbon monoxide detector on every floor of your home.
- Appliances such as dryers, water heaters, and gas stoves should be inspected by a professional annually.
- Some of the things to check for include ensuring the appliances are properly vented and are free from rust or corrosion.
- In South Florida, where hurricanes have been known to leave entire blocks without power for weeks on end, homeowners should make sure not to use their portable generators in enclosed spaces like a garage. All portable generators should be used in well-ventilated areas and be kept away from doors, windows and vents.
- Keep air ducts and ventilators clean and unobstructed to maintain proper ventilation.
