In many states, you as a victim are allowed to take legal actions against your hospitality provider after you’ve been exposed to bed bugs during your stay in a hotel or rented property. If you’ve been bitten by bed bugs, certain scenarios make you eligible for filing a premises liability lawsuit that can help you get reimbursed. Before you set out on your lawsuit, you need to consider a couple of things first.
Here’s what to do in the event of being the victim of a bed bugs infestation:
1. Be Sure That You’ve Been Bitten by Bed bugs
First things first – are you absolutely certain that you’ve been bitten by bed bugs and not some other insect you might have picked up outside? Although we know what bed bugs look like, seeing them with the naked eye is close to impossible. But if you keep an eye out for them, you may see evidence of infestation.
Look out for the pale yellow skins that bed bugs shed as they grow. These are a great indicator of infestation. Also, look out for reddish stains and dark spots on sheets and mattresses. Bed bugs’ eggs and eggshells can also be seen with the naked eye, so check the bed for any of these signs or try to recall anything similar if you’re no longer there.
As for whether you have been bitten or not, know that many people never experience any visible change in their skin. If you have reddish lesions or itchy with signs of swelling, then you have certainly been bitten by bed bugs and are probably eligible to sue.
2. Here’s When You Can Sue If You Are in Fact the Victim of a Bed Bug Infestation
If you’ve been bitten by bed bugs in a hotel or rented property, then you can sue your hospitality provider in the case that they knew they were exposing you as their guest to the bed bug infestation but didn’t do anything to prevent this. Simply put, you can file a lawsuit if you can prove the hospitality provider’s negligence. Your lawsuit will then be based on the following legal premises:
- Intentional infliction of emotional distress
- Private nuisance
- Breach of contract
- Breach of the warranty of habitability
Once you file a lawsuit against your hospitality provider, you’ll be required to prove that their failure to inform you of the infestation and take necessary steps to eradicate it was intentional. Each premise depends on a unique set of legal requirements, so reach out to a good attorney for advice.
3. What Damages Can You Get When You Sue?
Now, bed bug lawsuits can go both ways. If the host has a reason to believe that a guest was responsible for bringing bed bugs to their property, they can prove negligence and file a lawsuit themselves. Depending on who’s to blame, damages for bed bug bites typically include the following:
- The costs of eradicating an infestation
- Property damage
- Emotional distress and anxiety
- Pain and suffering
- Counseling bills
- Medical bills
Whatever the case and whichever side you’re on, make sure to find a reliable attorney who’s experienced in bed bugs and premises liability lawsuits. Only with professional help can you get properly reimbursed for the nuisance you’ve suffered. Otherwise, your bed bug claim may unfortunately not be enough because of the language you’ve used or some evidence you’ve missed.
If you’re in need of a bed bug lawyer, reach out to us today!