The owner of the stolen Bored Ape NFT sues OpeanSea for $1 million

On February 18, a Texas resident and the former owner of one of the NFTs that were stolen as a result of the OpenSea hack filed a lawsuit against the marketplace.

Timothy McKimmy alleges that he was one of the victims of a recent round of phishing assaults on the marketplace, in which he allegedly lost millions of dollars in NFTs.

McKimmy lost his Bored Ape #3475 NFT, which is currently being auctioned off by an anonymous user for 130 Ethereum (approximately $340,264).

The plaintiff accused the platform of "negligence" for causing him to lose an "unquestionably" valued Bored Ape Yacht Club NFT, according to the complaint.

McKimmy claims OpenSea has failed to fulfill its fiduciary duties to him by failing to "establish policies and procedures to prevent, identify, detect, respond to, mitigate, contain, and/or correct security problems."

Furthermore, OpenSea allegedly "failed to protect the integrity of its systems and to timely notify and/or warn [McKimmy] and other" users of its platform of "the extent and severity of vulnerabilities in its code," even though such users "expected [OpenSea's] security practices to comply with laws and regulations," as well as "reasonably protect wallets which were connected to its platform."

The plaintiff's NFT is undeniably valuable, with a rarity score of 138.52 and a rarity rating of #1392.

As a result, the plaintiff is seeking reimbursement from OpenSea for "the Bored Ape's valuation, and/or monetary damages of over $1,000,000."

The marketplace, for its part, said today that "the attack no longer appears to be operational for the past 36 hours," but that it is "continuing to investigate."

They went on to say that "users can now safely move their listings."