Indeed, according to a recently filed lawsuit, one of those children was Enora Lavenir, a 19-month-old baby girl from France who was vacationing with her family in South Florida. There are also examples of young children who inadvertently stumbled across and ingested an illicit fentanyl-containing drug, which then may have caused them to get sick or die. Overdoses and deaths brought on by illicit fentanyl are not always confined to consenting adults. There have been occasional reports that some illegal opioids are even potent enough to cause unintended toxicity through touch alone. Illicit fentanyl is a synthetic opioid with potency sometimes 50 to 100 times stronger than morphine.

This article discusses some of those duties and their implications for property owners, property managers, and short-term rental e-Commerce websites. That is because, at least in Florida, those who own or control properties may be assigned non-delegable duties to invitees and guests under the legal construct known as premises liability. While it is doubtful that online platforms exert enough control over properties, or are otherwise engaged in negligent conduct, both owners and property managers may face the possibility of jury trials under various circumstances. The answer is not as simple as you might expect. Many may have recently seen sensational headlines like 'Family of toddler sues Airbnb after child dies from fentanyl' and 'Baby killed by fentanyl exposure in Florida Airbnb,' and were left questioning whether such a lawsuit could have merit.

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