Lawsuit filed by Leslie Lapayowker alleges Airbnb of omission after she said she was attacked by a multitude who was not properly screened
An Airbnb guest is seeking to hold the company accountable for the purposes of an alleged forcible intercourse, claiming in a first-of-its-kind prosecution that she was attacked by a legion who was not properly screened.
The suit, filed Thursday by Leslie Lapayowker, invokes fresh the issue of the tech conglomerates law responsibilities when hosts infringe principles or engage in criminal conduct.
Lapayowker is accusing Airbnb of failure when it allowed her to hire a chamber from Carlos Del Olmo, who was previously accused of domestic violence cases.
I dont want this to happen to other women, Lapayowker, a 51 -year-old New Mexico woman, told the Guardian. It was horrifying, and I think that everybody should be warned that this could potentially happen to them or their daughter or their spouse or their sister.
Reached by phone, Del Olmo said he was not aware of the complaint and vehemently denied the forcible intercourse accusation , noting that criminal charges was ever entered. An Airbnb spokesperson said that it had attended a background check on Del Olmo, but because he was not convicted in a previous instance, he was allowed to be a legion. The company also said it removed him from the place after learning of Lapayowkers claims.
Lapayowker moved to Los Angeles in July of 2016 for a new job as a mortgage intermediary and had planned to live in Del Olmos Airbnb for a few months while looking for permanent building. Del Olmo, who was leasing a studio attached to his house, was a attested user and considered a superhost for Airbnb, entailing he had positive the examinations and often had guests.
I assumed that I would be in especially good hands, supposed Lapayowker.
But, according to the suit, Del Olmo immediately realise her uncomfortable by making sexually suggestive comments, pounding on her windshield while she was in her car and screaming at his son resounding fairly so she could hear.
He scared me, she added.
Lapayowker decided to leave after three nighttimes, and when she returned to get a laptop she left and told him she was moving out early, Del Olmo said he wanted to show her something of significance inside the studio, the dres said.
He then allegedly locked the door, plunged his shorts and embarked masturbating in front of her, asking that she stroked him and appreciation it. He discounted her pleas to stop, shoved his tongue into her lip and eventually ejaculated into a trashcan, according to the lawsuit.
He then told her leave the room, articulating, Dont forget to leave me a positive examine on Airbnb, the number of complaints said.
I was wholly in surprise. I was wholly numb, Lapayowker withdrew, supposing she first hesitated announcing police. I was terrified he would find out where I live and come after me.
Later that month, she reported the incident to police and to Airbnb, which banned Del Olmo from the area. Authorities eventually declined to file indictments, because officials said there was not enough prove, according to Lapayowkers attorney. Prosecutors did not immediately respond to requests for comment.
But an attorney for Lapayowker been observed that Del Olmo had an earlier arrest in Florida for a artillery indict and domestic violence dispute. A police report said that, according to the victims account, he had drawn her hair and dragged her during an rationale. He enrolled a diversion curriculum, which is an alternative to prosecution, the records showed.
Lapayowker, who had previously been an Airbnb superhost herself, said she was in disbelief when she learned of the past occasion: I was just frenzied. Why would they tell someone like this be a emcee?
An Airbnb spokesperson said it runs background checks on all US hosts and guests, looking for competitions with terrorist watch rolls, crime convictions, sex crime registries and significant misdemeanors.
The horrid action described has no residence in our community and “were not going” condone it. We have been trying to support her in any way we can and we will continue to do so, the company said in a statement to the Guardian.
Del Olmo claimed the encounter with Lapayowker was consensual. He read: This lady time amply lied and fixed everything up. He said that the woman in the Florida case likewise lied and noted that he was not convicted.
He likewise argued that it was unfair for Airbnb to kick him off the programme: Airbnb has no respect for the homeowner who is the one putting themselves in a liability situation.
Teresa Li, Lapayowkers attorney, argued that Airbnb misleads useds with labelling that stresses the safety of the platform and announcing it a trusted society marketplace.
They lure you in and give you this incorrect smell of security, she said.
Lapayowker, who said she is suffering from post-traumatic stress disease, said she felt Airbnb didnt take her subject severely: I feel like they dont help. Their part pose is to precisely get as much business as possible.