A family from Massachusetts has filed a lawsuit against Expedia Group, its subsidiaries VRBO Holdings and HomeAway.com, following a tragic fire in the Dominican Republic that took the lives of four relatives. The fire occurred on June 13 in a fourth-floor apartment in Barahona, leading to the deaths of a grandmother, her 5-year-old grandson, and a mother and daughter.
The rental property was booked through the VRBO website as part of a longer vacation for the family. The lawsuit was initiated on September 22 by Josmeli Rojas and five family members, who contend that the apartment lacked smoke detectors, in violation of VRBO’s own safety requirements.
“One of the most important points that we’re making is that defendants Expedia and VRBO have established for their hosts ‘safety essential’ requirements,” said Albert L. Farrah Jr., the plaintiffs’ attorney. He noted that these requirements dictate that all rental units must have hard-wired, interconnected smoke detectors in place, particularly for safety purposes.
The complaint, filed in Washington state, accuses the companies of negligence, asserting that they created a commercial lodging system that misrepresented safety standards and failed to remove dangerous listings. The plaintiffs claim that the defendants continued to allow accommodations without smoke detectors to be offered to guests, even after the fire that resulted in four fatalities.
According to Farrah, the decision to file in Washington was influenced by a forum selection clause within VRBO’s customer service agreement. The complaint outlines five causes of action, including negligence in allowing occupancy of the apartment, as well as willful and reckless misconduct.
“Defendants knew the Apartment did not comply with VRBO Safety Essentials Requirements,” the lawsuit notes. It argues that VRBO’s mandated safety measures are rendered ineffective if the platform fails to enforce them.
Additionally, the plaintiffs claim that a “special relationship” exists between guests and the defendants, which they argue should impose a heightened duty of care and warning for risks associated with the rentals. The case also includes allegations of negligent infliction of emotional distress.
Farrah anticipates that the lawsuit will center around the enforceability of an arbitration clause in VRBO’s user agreement and whether guests who did not directly book the property can be bound by those terms. He stated, “We have one woman who booked [the rental], and she’s dead.”
Currently, estates are being established for each of the deceased, and once the process is completed, the plaintiffs plan to file amended wrongful death claims, according to Farrah. A preliminary investigation by the plaintiffs’ counsel discovered that 80 percent of the rental properties listed in the Dominican Republic during a survey conducted in July lacked smoke detectors.
Representatives for the defendants have not provided comments regarding the lawsuit. The legal proceedings are expected to unfold as both sides prepare for the upcoming challenges in court.
