WELLINGTON, Fla. — A family's visit to Florida ended in a nightmare after they say their 2-year-old daughter died from a lethal dose of fentanyl left behind at the Airbnb they were renting.
Now, the family is suing Airbnb Inc., the property's owner, the property manager and the previous guest, who is accused of leaving behind the illicit drug.
A Miami-based law firm, Leesfiled Scolaro, filed the complaint on the behalf of the Lavenir family back in December. The court documents say the family was promised "a safe home where the strictest cleaning protocols were followed."
The court documents say the family was told parties were never allowed at the property. However, it was later discovered that the house had a history of being used as a "party house" and days before hosted "at least a dozen adults who used cocaine and other drugs throughout the rental," they continue, in part.
The complaint says once Lydie and Boris Lavenir and their five children, including 2-year-old Enora, checked into the home on Aug. 6, 2021, the 2-year-old never left the home.
"Upon waking up the following morning, she spent the morning playing and relaxing with her siblings. Later that day, Ernora and her older sister laid down on one of the beds to take a nap," the court documents detail. "After more than an hour, Lydie went to check on Enora and found her unresponsive and foaming at the mouth. It was unknown to Lydie at the time, but Enora had come into contact with fentanyl at the property."
The court documents say the toxicology reading indicated Enora's death was quick, which rules out the possibility that Enora came into contact with the drug anywhere else but in the rental property.
Investigators told West Palm Beach's WPBF-TV that the child was in cardiac arrest when she was found unresponsive.
Aaron Kornhauser booked the home through another Vrbo, another rental platform, prior to the Lavenir family and was also named in the lawsuit. The documents say Kornhauser used the property while visiting for a concert.
"Upon information and belief, the substance brought to and used on the property included, but not limited to, powder cocaine, fentanyl, and marijuana." the lawsuit reads. "The drugs were consumed throughout the subject premises, including in the bedrooms and on the kitchen counter."
WPBF reported that an investigation said Kornhauser was "familiar with fentanyl," but said there was none in the home.
"A 19-month-old baby dies because of some folks wanted to get a little bit higher than high. No, that’s not good," the family's attorney told the news station, in part. "These folks lost their beautiful, precious 19-month-old baby because some people decide they like to have drug-fueled parties.
"They like to play with cocaine, they like to play with fentanyl, and they like to leave their dirty mess for others to stumble upon and clean up."
One legal expert told The Washinton Post the lawsuit against Airbnb is unlikely to make it to trial given the challenge of determining its source.
“They can prove that the child died from fentanyl exposure, but where that fentanyl comes from, linking it to this particular group, that just sounds monstrously difficult under these circumstances,” said Lars Noah, a law professor at the University of Florida, told the newspaper.
According to The Post, Airbnb has not filed a response to the lawsuit in court. But told the newspaper, “Our hearts go out to the Lavenir family and their loved ones for their devastating loss.”
However, Kornhauser and the property owner denied the allegations in the lawsuit and the property listing has been removed from Airbnb, according to WPBF.
