Judge: Airbnb Can Be Held Liable for Shooting Death at Illegal Short-Term Rental

Elhania v. Airbnb, Inc. will be the first case in the U.S. to hold Airbnb responsible for a shooting death that happened at a home rented through the platform, because the short-term rental violated local laws designed to protect from that type of harm.

2 minute read

August 26, 2024, 8:00 AM PDT

By Mary Hammon @marykhammon


Close-up of mobile phone with Airbnb and VRBO app icons.

Tada Images / Adobe Stock

A San Francisco Superior Court judge has overruled Airbnb’s request to dismiss a case brought against it by the parents of a teen who died in August 2021 after being shot at a party held in a Sunnyvale, California, home rented on Airbnb. According to an article from ACCESSWIRE, the case — Elhania v. Airbnb, Inc. — will be the first in the nation to potentially hold Airbnb legally responsible for a victim’s death from a shooting at an Airbnb party, which happen more often than one might assume. In the last 30 days, injuries and deaths from “shootouts” at Airbnb parties were reported in Utah, Alabama, Texas, and Georgia.

Until now, Airbnb has been able to dismiss the case by arguing it can’t be held liable because injuries at parties could not be foreseen and that they’re merely a platform connecting renters with property owners. So what’s making the case stick this time? The fact that Airbnb violated the local city ordinance regulating short-term rentals, which were specifically designed to protect the type of harm the 18-year-old Elias Elhania suffered. Those violations include the fact that the rental was an illegal short-term rental, the owner was not on site throughout the stay, and Airbnb rented the unit to an unaccompanied minor.

ACCESSWIRE reports, “Airbnb, in the oral argument, argued that because it conducts business in many cities, counties, and countries, all of which has [stet] different laws, it is impossible for Airbnb to determine what the law is or comply with it. Airbnb also argued that the local law regulating short-term rentals does not apply to Airbnb, only to the property owners.” The judge disagreed and ruled “that Airbnb can be held legally responsible … if the short-term rental violates a local ordinance that is designed to protect the public's health, safety, or welfare from disorderly conduct.”

As this case moves forward in court against Airbnb and the property owner, it will be one to keep an eye on, particularly as cities and counties across the United States struggle to enforce short-term rental rules to minimize the negative impact of the industry on local communities. Thus far, Airbnb has had little incentive to work with local governments to ensure short-term rental owners doing business through their platform are following local regulations. If they can be held liable for death or injury at short-term rentals from their platform that violate local ordinances aimed at preventing these threats to public safety, it could be a game changer.

Thursday, August 22, 2024 in ACCESSWIRE

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Close-up of "Apartment for rent" sign in red text on black background in front of blurred building

Trump Administration Could Effectively End Housing Voucher Program

Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.

April 21, 2025 - Housing Wire

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 23, 2025 - Diana Ionescu

Ken Jennings stands in front of Snohomish County Community Transit bus.

Ken Jennings Launches Transit Web Series

The Jeopardy champ wants you to ride public transit.

April 20, 2025 - Streetsblog USA

Yellow electric school bus with preteen students exiting.

California Invests Additional $5M in Electric School Buses

The state wants to electrify all of its school bus fleets by 2035.

April 25 - Associated Press

City Hall building in Austin, Texas.

Austin Launches $2M Homelessness Prevention Fund

A new grant program from the city’s Homeless Strategy Office will fund rental assistance and supportive services.

April 25 - Spectrum Local News

Brick school building with mid-sized tree on front lawn.

Alabama School Forestry Initiative Brings Trees to Schoolyards

Trees can improve physical and mental health for students and commnity members.

April 25 - Governing