going4roses said:
Rental "space" ... short term rental big enough to throw parties with prior transgressions would reach any level of culpability ?
What do you want them to do? Hire security for every renter in case they decide to hold a party against the terms of the rental agreement?
If you rent a vacation rental, do you want a security guard outside your door 24/7?
What is the REASONABLE thing the owner should have done that they didn't do. Anyone after the fact can say "gee if we had done this, we could have stopped it." That doesn't make it reasonable for every renter in the world to do that.
As I said, you have a good heart and you want victims to get relief, but it isn't the responsibility of every party with money in the vicinity of the issue to pay. The person responsible is the shooter. If they don't have money, that puts these victims in the same position as most people that have misfortune happen to them. Unfortunately having to absorb the results of the misfortune on their own.
Look, when somebody goes to a house party, they are not expecting massive amounts of security to be onsite to stop someone who shows up with a gun and shoots people. They knew when they walked in the door that there was no metal detector or search for weapons. They knew they were going into a place with lots of people in a crowded environment drinking alcohol. They knew drugs were likely being consumed. They know that fights break out at these things. They could have gone home. They chose to take the risk because they wanted to have fun. THEY KNEW MUCH, MUCH MORE ABOUT THE RISK THAN THE OWNER AND AIRBNB WHO DIDN'T EVEN KNOW A PARTY WAS GOING ON. They were onsite without permission of the owner or Airbnb. The renter allowed them onsite in direct violation to their rental agreement. The owner and Airbnb have no duty to them. That is not to say they deserve to die. That is to say that the right person to pay is the shooter and I hope every dime he ever earns for the rest of his life goes to pay their families. But they were more responsible for the risk to themselves than the owner or Airbnb. They may get a settlement to make the story go away.
Again. Pretend you are an owner of a property that is renting it out as a vacation rental. A renter comes to you to rent your property signing an agreement that they will have no more than 13 people at the property. What concrete measures do you think you should take to stop a party and a shooting? Not vague notions of they "should be responsible". The law is to get money from a defendant you have to show they NEGLIGENTLY did or did not do something that would have stopped the damages from occurring. What steps do you think you should take that will be required of EVERY SINGLE PERSON OR BUSINESS who wants to rent a vacation home?
