![]() Stefaniak’s body was reportedly found partially nude and wrapped in plastic about 1,000 feet from where she was staying. Officials said Martinez became a prime suspect for the killing after he “presented many contradictions” when police questioned him. 22 and did not board her flight back to her home state of Florida on Nov. ![]() Officials said they would continue to work with the FBI to confirm their theory that the murder was sexually motivated. Martinez was reportedly working as a security guard at the apartment complex where Stefaniak was staying. Walter Espinoza, director of Costa Rica’s Judicial Investigation Department, said at a press conference that Stefaniak’s autopsy results showed she died from injuries to her “neck, head, and extremities.” Espinoza also said those injuries appeared to come from a weapon. Marco Peraza, a criminal analyst with the OIJ, said the man detained in connection with the killing- Bismarck Espinosa Martinez-might soon face a murder charge. news/local/article223476120.Police in Costa Rica on Wednesday said the killing of 36-year-old Carla Stefaniak may have been “sexually motivated,” the Miami Herald reports. Give us a call or talk to us online to set up an appointment today. helps families who have lost loved ones recover damages from negligent actors. The Miami legal team at the office of Alan Goldfarb P.A. To date, Martinez has not faced any official charges for the murder and Airbnb now has a vested interest in seeing him acquitted. In a case like this, a plaintiff’s attorney might worry about the legitimacy of the country’s court system. The plaintiffs will then have to rely on a much weaker argument: That Airbnb had a duty to warn potential visitors about the dangers of traveling to Costa Rica. If Martinez is exonerated under Costa Rican law or another suspect turns up, then the wrongful death lawsuit becomes much more difficult to prove. The plaintiff’s case is quite strong, but it depends on there being significant evidence that Martinez actually did kill Carla Stefaniak. ![]() Indeed, had Airbnb conducted even a basic background check on Martinez, they would have not hired him to work there (because it would have been illegal under Costa Rica’s laws. In other words, “but for the fact that Airbnb did not conduct a background check, Carla Stefaniak would still be alive.” This type of lawsuit alleges that the defendant, by an act of omission, put their guests in danger of being killed or assaulted. In many instances, negligence can be proven along the lines of a “but…for” argument. That the defendant died as a result of that breach.That the defendant breached that duty of care and.That the defendant owed a duty of care to the plaintiff.Negligence in wrongful death claims requires that the plaintiffs prove three things. In other words, Martinez could access any apartment without restriction or supervision. Despite this, the company hired Martinez as a security guard giving him keys to open any dwelling space on the compound. In addition, the lawsuit claims that Martinez did not even have authorization to be “physically present” in the country. ![]() The suit alleges that Martinez was a fledgling serial killer who lacked the right to be employed in Costa Rica as a recent immigrant to the country. If he is, then the family will have a very strong wrongful death claim against Airbnb. Indeed, the entire case hinges on whether or not Martinez can be found guilty of the murder. The lawsuit alleges that Airbnb was negligent because they hired someone who turned out to be a predator. Martinez, who emigrated from Nicaragua six months prior to the murder, was employed as a security guard from the complex at which Stefaniak stayed. The Facts Surrounding the Death of Carla Stefaniak Bismark Espinosa Martinez arrested: Hostel security guard arrested in Costa Rica murder of Miami tourist, Carla Stefaniak who’d been celebrating her 36th birthday. ![]() The question then becomes: Do they have a case? Stateside, the family of Carla Stefaniak has filed a wrongful death lawsuit against Airbnb for negligence in her death. The Costa Rican government has identified suspect Bismarck Espinosa Martinez as the prime suspect and is holding him in custody for the murder. On Tuesday morning, relatives announced they were heading to the morgue to identify the recovered body. Miami Personal Injury Attorney > Blog > Personal Injury > Florida Family Files Wrongful Death against Airbnb Florida Family Files Wrongful Death against AirbnbĬarla Stefaniak was in Costa Rica celebrating her 36th birthday. TAMPA (FOX 13) - Nearly a week after 36-year-old Carla Stefaniak went missing in Costa Rica, authorities there announced Monday that they found a body near the Airbnb where she was last seen. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |