B.W.
B.W. v. Airbnb, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 B.W., Case No. 24-cv-01770-AMO
Plaintiff,
ORDER RE MOTION TO DISMISS
v. 9 Re: Dkt. No. 17 AIRBNB, INC., Defendant.
B.W., a citizen of Montana, suing through his father as his next friend, alleges that he suffered carbon monoxide poisoning while staying at an Airbnb rental located in Santa Fe, New Mexico. Complaint (“Compl.”) (Dkt. No. 1) ¶¶ 1, 48-61. An infant at the time of the incident, B.W. sustained a permanent brain injury and related cognitive, physiological, behavioral, and social abnormalities. Id. ¶ 62. He now sues Airbnb for negligence. Id. ¶¶ 64-70. Airbnb moves to dismiss. Motion to Dismiss (“MTD”) (Dkt. No. 17); Reply in Support of Motion to Dismiss (“Reply”) (Dkt. No. 44). B.W. opposes. Opposition to Motion to Dismiss (“Opp.”) (Dkt. No. 36). The parties’ briefing raises three issues: (1) whether the law of California, proposed by Airbnb, or New Mexico, for which B.W. advocates, should apply, (2) whether, under the applicable law, 22 …