Christopher Blain and Courtney Lucke (Tampa, FL) (Wrongful Death) obtained Summary Judgment in a wrongful death action. We were retained to represent Clifford and Vera Davis who owned a home on Davis Island. The Defendants had rented home through the VRBO app to an individual for that individual’s bachelor party. Attendees of the bachelor party invited others not staying within the home to come over and hang out. Allen Barnes went to the house on or about March 24, 2018 with his girlfriend and another friend. At some point in time while at the house, Mr. Barnes ingested illicit drugs. He later passed away from an overdose. Mr. Barnes’ mother filed suit against Defendants claiming negligent security and otherwise a breach of failing to provide a safe environment.
The defense argued lack of knowledge on the part of Defendants, relying on the Rental Agreement between Defendants and their VRBO renter. Specifically, this Agreement stated that the renter was to notify Defendants if any event was taking place at the house that exceeded 35 guests to allow Defendants to monitor the event and ensure compliance with local laws. All individuals deposed in the case, including the renter, estimated that, at most, 20-23 individuals were at the house at one time. Therefore, the renter admitted he never advised Defendants of the party, nor was he contractually obligated to do so. It was also confirmed that the Defendants had not supplied any of the food, alcohol, or other supplies available to guests at the subject party.
Therefore, the defense argued that the Defendants had not created any dangerous or unsafe condition that resulted in Mr. Barnes’ passing and that Florida case law supported the fact that it was the possessor of the property, in this case the renter, who owed a duty to guests, not the owner. Plaintiff’s attorney argued that Defendants had a non-delegable duty based on their ownership of the home; however, the Court agreed with defense’s arguments and granted Summary Judgment. Plaintiff attorney appealed the ruling and Second District Court of Appeal entered a recent Order affirming the ruling Per Curiam.