OpenSea sued for $1 million by user who lost Bored Ape NFT in phishing attack

Timothy McKimmy lost his Bored Ape Yacht Club NFT due to a phishing attack, but he claims OpenSea has some responsibility in this whole situation. 

OpenSea sued for $1 million by user who lost Bored Ape NFT in phishing attack
OpenSea drama continues to stir up controversy and although many NFT owners their massive losses, one of the victims had enough and decided to take his case to court. 
 
Timothy McKimmy, an NFT collector, sued the NFT marketplace OpenSea after losing his Bored Ape Yacht Club NFT due to the victims having enough and decided to take his case to court.
 
Timothy McKimmy, an NFT collector sued the NFT marketplace OpenSea after losing his Bored Ape Yacht Club NFT due to what he described as a malicious attack on the platform. 
 
According to Thimothy Mckimmy who goes by the nickname McKimmy on the OpenSea platform, a hacker exploited a security vulnerability to illegally access his wallet and sell his Bored Ape Yacht Club NFT to a third party for 0.01 WITH
 
According to OpenSea data Taking into account the price of Ether as of Feb 21, 2022, the selling price McKimmy's NFT would be approx $25.73 which is virtually the equivalent of giving away the token considering that the price floor for the collection is 91.9 ETH 
 
Because NFTs are unique tokens, there is no way to determine a price for all of the tokens in the same way that the value of fungible tokens like ETH or BTC is determined. The price floor exists to denote the minimum price that sellers are willing to accept for their tokens at a given point in time, The cheapest Bored Ape cost is 91.9 ETH or $236k 
 
McKimmy's lost Ape is now for sale 225 ETH, or $607K on OpenSea, and as McKimmy says in his lawsuit, the current owner has declined the offer to give him back his Ape. 

Source: OpenSea
 
A few days ago a group of OpenSea users began reporting that they had lost their tokens after falling victim to a massive phishing attack.  
 
The attacker took advantage of a critical moment to launch his scam. OpenSea was updating its smart contract precisely to protect users from previous malicious practices. To perform the update, OpenSea sends official emails to its Users, asking them to authorize the exception of the new contract. 
 
The attacker took the opportunity to trick some users into signing a malicious code that gave him control of their wallets, and that's how McKimmy's precious Ape changed hands for 20  bucks. 
 
McKimmy argues that OpenSea failed to implement policies and procedures to prevent, identify detect, respond to, mitigate, contain and correct security violations," and is demanding payment for "the valuation of the Bored Ape, and monetary damages over $1,000,000"

Read: $1.7 Million worth of ETH Stolen from OpenSea Users in phishing attacks