In a preliminary decision, the Court of Justice of the Federal District and Territories (TJDFT) ordered Airbnb to pay R$40,000 per month to tourist from Brasilia (DF) Daniela Maia, 42, who was left paralyzed after falling from the fence of a rental house across the platform in Itacare (BA). The accident occurred during the victim’s vacation with his family in January 2025, in the paradise destination. The aid must be paid until the final ruling in the case, which requires compensation of R$12 million.
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Conditional closure.
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Unable to work, Daniela relies on medical care, physical therapy, a wheelchair, and the help of others. “The court’s decision was very important, because it gives us more security. Precisely because without treatment I could suffer more serious consequences. So, the financial impact is already very heavy for me. At least now, I will have some kind of support,” Daniela said.
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According to lawyer Davi Souza, representing Daniela, the injunction is of second degree and was taken by Judge Roberto Freitas Filho, of the Third Civil Authority. He explained: “We have asked to submit the effects of guardianship so that Airbnb can cover Daniela’s medical expenses. Because today she bears the costs of home care, medicines and physical therapy and will start having consultations with a psychologist.”
Since 2013, Daniela lives in Australia, where she has a husband and a son. There he worked in two flower shops. But since the fall he returned to live in Brasilia for rehabilitation, until he was able to return home. Therefore, there is no health insurance in Brazil. Under the decision, the Brasilia citizen will have to submit monthly reports on medical expenses and Airbnb will have to bear the costs. “We’re not talking about compensation yet. We’re talking about reimbursement,” he said.
Objective responsibility
Daniela tried to resolve the issue amicably. The platform is insured for $1 million USD. The company paid R$470,000 for the initial treatment of the Brasilia citizen, including surgery and hospitalization. But the talks did not develop.
According to the lawyer, Daniela suffered moral, material and aesthetic damage in the consumer relationship. He explained: “She was healthy. There are many videos of her running, playing and exercising. We lost profit because she will not be able to work anymore.” To calculate the value of the compensation claim, Davi Souza used life expectancy and the cost of living in Australia as a reference, because the woman from Brasilia will return to live with her family.
Judicial order
The judge was direct in admitting the platform’s liability. He said: “In this case, the veracity of the allegations can be determined, as it is clear from the police report that the accident occurred in the first appellant’s home, rented through the Airbnb application, and because the wooden fence of the balcony was broken, which calls for substantive civil liability for the damages sustained by the appellant.”
According to Freitas, there are no elements indicating a break in the causal relationship. He pointed out, “especially in light of the extrajudicial recognition of the platform’s responsibility when paying insurance compensation.” For the judge, there is evidence of the consequences in Daniella. He added: “This made her paralyzed and unable to support herself, and she began to need daily care to maintain her health.”
Falling
The accident occurred shortly after the family returned from a day at the beach, which Daniela described as “the best day of the trip.” While talking to her Australian husband on the phone, she leaned over the balcony railing of the rented house and unexpectedly fell from the deck. Daniella rolled until she was trapped in the barbed wire. The fall left her unconscious. It was her cousin, Raquel Serati, a nurse, who started first aid.
“I remember finding her unconscious and making some strange noises. That’s when I supported her head and neck to keep her from moving. I even picked up her cell phone and spoke to her husband who was very concerned about hearing all the dynamics,” she said.
The place had no cell phone signal, only internet, which made the situation even more difficult. The family had to run out of the apartment to make the emergency call. It took the Mobile Emergency Service (SAMO) about an hour and a half to reach the scene of the accident.
Daniela is undergoing rehabilitation treatment at Rede Sarah, in Brasilia. He still doesn’t know if he will be able to walk again, and he relies on the support of his family who lives in the capital.
the Capitals I tried contacting Airbnb. The platform said that “the case is still ongoing in court” and that “Airbnb will adhere to the legal decisions related to the case, and will take appropriate measures at the end of the final ruling.”