ASHEVILLE – An Asheville man has sued Airbnb and a local property owner alleging that the company aided in the violation of local rental regulations and the company’s own rules which led to an illegal house party where he was shot and paralyzed.
Filed on Jan. 8 in Buncombe County Superior Court against Airbnb and the owner of a West Asheville homestay that hosted a party where a shooting occurred on Jan. 9, 2022, and the plaintiff, Marcus Deshon Blair, was “catastrophically injured,” the lawsuit states.
The owner had rented to an Asheville-woman who said the rental was to be used to celebrate her 21st birthday, the suit alleges. Once the party began, approximately 60 people attended the party and in the early hours of Jan. 9, 2022, “a gunman fired multiple gunshots into a crowd of attendees,” injuring Blair.
By renting to someone under 25, Airbnb and the property owner ignored the company’s “high-risk reservation” booking ban for young renters, the suit alleges.
Evidence indicates the woman communicated with the owner that “she intended to have a party at the property for her 21st birthday” through Airbnb’s messenger, said Charlotte-based injury attorney Charles Hinnant, who is representing Blair.
Airbnb declined to comment on the lawsuit when contacted by the Citizen Times.
“Airbnb has the ability to monitor and flag language that is utilized within its messenger utility to ensure that its terms of service can be followed,” Hinnant said. In allowing the party at the homestay, the owner of the property also violated city of Asheville ordinances that “no activities other than lodging shall be provided” by homestays, the lawsuit alleges.
Essentially, the case is seeking to prove the company is “actively assisting, aiding and abetting persons utilizing its short-term rental service to thwart and get around the requirements of various local ordinances,” Hinnant said
While short-term vacation rentals are banned in Asheville — though some are grandfathered into the practice and others continue to operate in violation of local ordinances — homestays, a form of rental where visitors stay in a room as the owner is actively present on the property, are legal. Owners must obtain valid permits and follow city of Asheville ordinances to establish a homestay.
Despite an active short-term rental community in Asheville, various local agencies and owners have found themselves in the middle of legal battles as residents and officials allege that rental owners have violated city and county regulations and state law.
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Representatives from Airbnb contacted by the Citizen Times did not respond to questions about the lawsuit before deadline.
The lawsuit also states that the four gunshots rendered Blair paraplegic. As a result, he is seeking a “judgement in excess of $25,000” in the case.
“I have been inspired by Marcus’ optimism and his joy and happiness and still being here to enjoy his time with his family,” Hinnant told the Citizen Times.
Violence, shootings at rentals not uncommon
It’s not the first time the company has faced a lawsuit following a shooting at an Airbnb. In August 2024, a San Francisco Superior Court judge found the company could be held responsible for a 2021 death during a house party at a property that had been rented through the company. Between 150 and 200 people attended the party in violation of the company’s ban on parties, that lawsuit alleges.
However, Airbnb has taken additional measures to prevent house parties. The company had announced a temporary house party ban in 2020, which was later codified in June 2022, more than six months after the shooting in Asheville. In October 2024, Airbnb announced that its policy had led to an “over 50 percent decrease in the rate of party reports.”
The Citizen Times made several attempts to reach the owner of the homestay, but did not hear back before deadline.
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Will Hofmann is the Growth and Development Reporter for the Asheville Citizen Times, part of the USA Today Network. Got a tip? Email him at WHofmann@citizentimes.com. Consider supporting this type of journalism with a subscription to the Citizen Times.
