Can you sue a hotel for bed bugs?

Bed bugs are icky and itchy, making you gross out and burning down everything. If you have bed bugs in your bed, you will end up feeling miserable and have those bite marks all over your body.

But if you get them from that last hotel room where you had stayed, you will be angry and want to do something about it. The first thing that might hit your mind will be suing the hotel for this mess.

However, there is a procedure for that, even if you have the option of suing the hotel for bed bug bites.

We have developed this guide to assist you with that. So, continue reading and know how to proceed with this situation.

What Should Hotels Do to Prevent Bed Bugs?

You must first know what hotels should do to prevent this itchy problem. Then, of course, you need to be aware of the solution before you propose it to the opposition.

Well, hotels should do everything they can to prevent these bugs. Their staff must adequately maintain all their rooms and bedding to eradicate the infestation. In other words, a system must be in place to check the bedding and rooms for any infestation.

Any rooms that are poorly maintained are more prone to these infestations. However, organized hotels are highly responsive when they see the first signs of these bugs. Therefore, they implement various solutions straightaway to control these problems.

They can use different methods to detect the issue. For example, some hotels use proper pest control measures while others use bed bug detection dogs. Yes, some dogs can sniff these bed bugs from various hidden areas. So, there are proper solutions available for this problem.

Therefore, there is no reason why hotel staff is entirely unaware of any bed bug infestation. It indicates that the team has been negligent in the proper maintenance and care of their rooms, and it has caused an infestation. As a result, they failed to identify the issue, and no solutions were implemented.

If a hotel cannot provide a sanitized environment for its guests, the guest can sue the hotel for compensation.

Bed Bug Infestation – Legal Implications

Lawyers believe that there can be long-term effects resulting from these bed bugs. These effects may include anxiety, paranoia, nightmares, PTSD-like symptoms, obsessive behavior, and so much more.

Hotels can be a hotspot for these infestations. Hence, hotels that don’t take action to resolve the matter should face serious financial consequences.

You won’t be the first to file such claims because there have been many. The most infamous of these cases was the Park La Brea case in 2013. 16 tenants sued the apartment complex, and the latter had to pay USD 3.5 million in a settlement.

The facility didn’t inform the guests about the infestation, and there are complaints about the issue, with the first reported in 2011.

The case found that the apartment complex was well aware of the infestation since 2008. The facility had to pay the settlement under gross negligence, the biggest bed bug infestation settlement in records.

It’s just one example of the dramatic consequences that the facilities of hotels have to face due to their negligence in the maintenance and care of their rooms.

Another instance is where the court ordered a hotel to pay USD 546,000 to one family. The victim argued that with their stay at the Hilton Garden Inn and the resulting bed bug bites, they feared hotels and insomnia.

There are other examples where guests and families received a big payout from the establishments. So, guests can sue hotels for this problem, and they can win, too.

The Legal Process?

For a successful lawsuit against a hotel, there are four primary drivers. First of all, you have to provide photo evidence. Otherwise, the case will not proceed.

Sometimes, these bed bug bites might take up to 14 days to be more visible or cause any reaction. So, the photo evidence needs to be time stamped. Plus, you must provide your dates of stay at the hotel under consideration.

After discovering these bugs, you should have lodged a complaint with the hotel staff. This complaint should be in written form for better evidence for the case. Your defense will hinder if the hotel takes preventive measures to resolve the issue.

Most hotels don’t allow their guests to keep a copy of such a complaint, and it can be detrimental to developing better customer relations for the hotels.

You must demonstrate that you let the establishment know about the infestation problem, and they took no sufficient vacation to take care of it.

You can prove that the establishment took insufficient actions to resolve and eliminate the pests. If you can prove this, you can push for the establishment’s gross negligence and get a bigger payout.

Moreover, you have to consider your lawyer’s fee. However, many lawyers within the US have won these bed bug cases.

How to Sue a Hotel for Bed Bug Infestation?

There are times when proving a hotel’s negligence is not that easy. However, it is possible to go for the claim if you can prove and maintain that the hotel staff has been negligent in providing a sanitary environment and quality of service.

If you have suffered any injuries caused by bed bug infestation, it is best to gather as much evidence as possible to build up your case correctly. Focus on the four primary drivers that we have just explained above.

The Right Firm for You

Understanding that your case is very strong if you have solid evidence to support your claims is essential. But you still need legal advice to proceed legally.

In this scenario, you need to hire a quality law firm to lead the case for you. You need to look for a firm with a history of successful bed bug cases.

These fees will vary, and that’s the second thing you need to consider depending on how much you can afford. The good thing is that you can find different law firms that have won such cases

How Can Beacon Law Help?

Beacon Law is one of the most successful first law firms in the UK, specializing in personal injuries. The firm has years of experience dealing with various personal injury claims and has an excellent success rate.

The firm is regulated and authorized by SRAEW (Solicitors Regulations Authority of England & Wales). So, if you have suffered from injuries caused by bed bugs and are considering whether you can sue your hotel for this, contact Beason Law to initiate your claim.

Compensation for a Bed Bug Lawsuit

Your injury lawyer must be able to cover different types of potential compensation. But primarily, the compensation is awarded in two kinds – general damages and special damages.

General damages

It is the amount you will receive due to the physical pain and suffering and any loss of activities you used to enjoy.

The amount entirely relies on the extent of your injuries, for instance, due to extreme swelling, inflammation, and itching.

It can depend upon the number of significant bites and the medical expenses you have to bear or will bear in the future.

Plus, the amount can also depend upon the emotional trauma and distress you suffered due to sleep loss out of fear of future infestations or allergic reactions.

Special damages

• These damages include any financial losses that you had to deal with resulting from your injuries and can consist of the likes of,
• Any damage to your personal belongings of property and premises liability.
• Any extermination costs or temporary lighting that you had to bear.
• Replace the furniture and luggage you had to remove to prevent these bugs from spreading into your house.
• Any loss of existing or future earnings caused by the time off that you took from work.
• The vacation cost that you haven’t enjoyed after discovering these bugs.
• Any medical expenses incurred due to permanent scarring caused by the bites or triggering any existing skin conditions that resulted in going for private medical care.

Statute of Limitations for a Bed Bug Lawsuit

These bed bug infections and the resulting bites are a growing concern among hotels and apartment complexes across the country. But that doesn’t mean you have all the time in the world to file a lawsuit.

Victims of these bites and infestations have a specific period to file their claim against the establishment for any injuries they might have sustained. In case of failure to file a civil lawsuit for personal injury in court within a given time will bar the victim from any recovery.

Therefore, a 2-year statute of limitations begins from the date of injury to file the claim against the establishment in the court. It is better to check for Statutes of Limitations in your case with your legal team for a better assessment.

Key Takeaways

Hotel’s Responsibility to Prevent Bed Bugs

Hotels are obligated to maintain a clean and sanitized environment to prevent bed bug infestations. Implementing rigorous pest control measures and regular room inspections are part of their duty to ensure the well-being and comfort of their guests. Failure to address bed bug issues implies negligence on part of the hotel, making them liable for legal action.

Legal Recourse for Guests

Guests affected by bed bug infestations have the right to sue the hotel for compensation. Past lawsuits indicate that hotels can face substantial financial penalties for their negligence, with settlements reaching into millions of dollars in some cases. Establishing a strong case involves gathering solid evidence of the infestation, reporting the issue to hotel staff, and demonstrating the hotel’s negligence or lack of adequate action.

Documentation and Evidence

Key to a successful lawsuit is the collection of solid evidence, including photographic proof of bed bug bites and infestations, written complaints to the hotel, and medical records if applicable. Time-stamped photos and documentation of the hotel’s response or lack thereof, strengthen the case, paving the way for potential compensation.

Legal Representation

Engaging a reputable law firm with a history of successful bed bug cases is crucial for navigating the legal process effectively. Experienced attorneys can guide victims through the legal maze, ensuring that all necessary evidence is presented and compensation claims are accurately articulated.

Compensation Categories

Compensation in bed bug lawsuits is generally categorized into general and special damages. General damages cover physical and emotional distress, while special damages cater to financial losses incurred, like medical expenses, property damage, or loss of earnings. Understanding the scope of compensation and working with skilled lawyers can significantly impact the outcome of the lawsuit.

Statute of Limitations

Victims have a limited timeframe, typically 2 years from the date of injury, to file a lawsuit against the hotel. This statute of limitations necessitates prompt action to ensure that the rights to legal recourse and compensation are preserved.

Insurance Coverage

While hotels usually have insurance to cover claims arising from bed bug infestations, individual insurance policies like home, renter’s, or landlord insurance may not cover bed bug-related issues. It’s essential to understand the extent of insurance coverage when pursuing a bed bug lawsuit.

Conclusion:

If you have had a bad experience with a hotel and had to deal with hotel bed bugs, you can sue the establishment. Make sure that you have enough evidence to support your claim.

Make sure you have complained to the hotel’s staff first; written proof of that complaint should be with you. This will make your case even stronger.

You need to hire a quality bed bug lawyer to proceed with your case, different complexities might occur, and the establishment will do whatever it takes to save its reputation. So, hiring an experienced bed bug attorney is equally important if you want to file your lawsuit and win.

Resources

www.mybedbuglawyer.com/park-la-brea-apartments-loses-3-5-million-bed-bug-lawsuit/

https://www.pctonline.com/article/arkansas-family-bed-bug-settlement/