It is the primary duty of a hotel operator and owner of an apartment or even hotel to provide guests and tenants a place of living devoid of potentially harmful and unsanitary conditions including bed bug infestations. Unfortunately, the operators and owners fail to properly inspect for bed bugs and take necessary measures to rid of infestations resulting in severe bed bug bites to hotel guests and residents of apartment & hotel buildings. At LAW MART we are proud to provide legal representation for victims of severe bed bug bites.
Bed bug liability can be difficult to establish. An experienced personal injury attorney can help explain the law and set up your case. Contact our bed bug attorney for a free case evaluation of your bed bug injuries at (310) 894-6440.
Bed bugs may seem like a minor pest, but even the thought of sharing your bed with them probably makes your skin crawl. Bed bugs are small pests that survive on blood. They are drawn to carbon dioxide and body heat, which makes a bed a prime location for nesting and feeding.
Bed bugs feed by burrowing into a host – including humans, dogs, and cats – to find a blood vessel. Bed bugs and their eggs are easily transferred from one host or location to the next in everyday household and personal items including bedding, furniture, mattresses, and clothing. Bed bugs can also move independently through duct work and walls.
The fact that bed bugs can be transferred between people and places so easily can make it difficult to stop an infestation once it has started. The best way to stop an infestation is to prevent one from happening at all.
Hotel owners, management, and landlords should be especially concerned about bed bug infestations. The high turnover in these facilities (especially for hotels, motels, and extended stay suites) means that many people are using the same small space, bedding, furniture, and window dressings. If rooms are not cleaned thoroughly between guests the potential for a bed bug infestation can be incredibly high.
Bed bugs are small insects that feed off of the blood of humans or pets. These insects generally approach at night and are attracted by the natural heat we radiate in our sleeps.
Occasionally, these insects feed at night and can be found in beds, sofas and other places of human habitation. Generally when they feed off of the human host, they inject their saliva in the host’s skin. This saliva can become allergic if long-term exposure is had. Bed bug’s saliva acts as a numbing agent allowing the blood to freely flow out of the host without feeling any type of pain.
Majority of bed bugs can survive in an active or dormant phase. Basic remediation methods are not always effective and exposure can continue.
According to state laws hotel – motel operators and owners of apartment building complexes owe guests and tenants a duty to routinely inspect for bed bug infestations and take all necessary steps to exterminate bed bugs from their premises. Personal injury laws dictate that victims of bed bug bites have the right to compensation for all damages sustained including recovery for medical costs, pain and suffering, lost wages due to inability to work, emotional distress, and property damage.
Effective in California in January 2017, due to an upsurge in tenant filed “bed bug” litigation, the legislature has responded with the following new statutory amendments to bed bug laws:
Civil Code §1942.5 was amended in AB 2281
Our Experienced Personal Injury Lawyer in Beverly Hills can help. If you have been a victim of bed bug bites at a hotel, apartment complex or a rental unit, you may be entitled to compensation. Contact a Bed Bug Attorney for free consultation at (310) 894-6440.
Injuries or damages resulting from bed bug bites can include the following:
It is imperative to seek medical attention in order to prevent other complications or infections. Furthermore, you should consult with a dermatologist in order to avoid possible scarring. Additionally, you should make sure you avoid contact with any furnishings or belongings until proper remediation is conducted. You will be able to recover for your lodging or shelter cost as well as other costs for loss of other personal items.
A common question when someone is bit by bed bugs is who is liable for the injuries. This depends on where the injury or bite’s occurred. Generally these types of bites occur at night and are not sufficient to disturb the victim from his/her sleep. Usually victims wake up to notice bites throughout their back, chest, legs, neck and face. It is the responsibility of any property owner who rents or leases the property to another; to make sure bed bugs are not present. More often than not facilities fail takes proper remediation steps or fail to inform their guest of these issues. Other instances occur where the property owner or hotel owner knew of the issue, but failed to inform their guest.
California State Law on Bedding in Hotel and Apartment Dwellings: The California Code of Regulation on State Housing Section 40 on Bedding states, “In every apartment house or hotel, every part of every bed including mattresses, sheets, blankets, and bedding, shall be kept in a clean, dry sanitary condition, free from filth, urine or other fouls matters, and from infection of lice, bed bugs or other insects. “Each instance depends a lot on the facts and most cases turn on notice. Did the property owner have knowledge of the existence of bed bugs? Notice can be actual or constructive.
Actual notice exists when former guest or others informed the property manager. Constructive eviction exists where there were signs of such issues, but management failed to act. It can usually be deduced that bed bugs are present when housekeeping services notice blood stained sheets, or feces from the bed bugs in or around the bedding area. Usually this can charge the property owners with knowledge. Generally the statute of limitations for filing a personal injury lawsuit in the state of California is Two (2) years from the date of the incident. In certain circumstances state laws will allow for a tolling of the statute of limitations.
Examples of tolling may include the following:
(1) Minor status of the injured (under age 18),
(2) Incapacitation of the plaintiff due to mental of physical ailments
(3) The injury did not manifest itself until a later time.
Hotel Owners and Operators must maintain a safe clean room for guests to prevent bed bug infestations. An apartment or hotel owner will be liable when if their guest are bitten by bed bugs. The main problem however is that hotel operators fail to take proper steps to control the issue. They often attempt to hide or conceal the issue, which results in future harm and other guest being exposed to the injury.
Examples of injuries include when hotel owners willfully concealed the issue. In such cases you may be entitled to more than just compensation for injuries, but punitive damages as well. Generally hotel operators owe a special duty of care to their guest to make the property safe from dangers. Arguably bed bugs are considered a danger considering the harm and impact they can impose.
Failure to Take Action after Request for Change of Sheets and Bedding: In many instances hotel room and motel operators fail to change the bedding before a new guest has occupied the premises and frequently ignore requests to change filthy and unsanitary bedding. Section 40 of the California State Code States, “The linen in a hotel shall be changed before a new guest occupies the bed.”
What is the value of your beg bug claim lawsuit?
Apartment building, hotel owners can be liable when they rent out a property, which has bed bugs. The main issue with this type of case is determining the source of the bed bugs. Apartment building operators will ultimately argue that the source of the bed bugs did not originate from the apartment building.
Landlords owe a duty to their tenants to ensure that the property is suitable for human occupancy or habitation. This “implied warranty of habitability” applies to all properties in California.
When landlords fail to properly maintain or repair their property there are in breach of this duty. This implied warranty requires that certain conditions be provided on the property, which generally cannot be waived. If you have been bitten by bed bugs in your apartment contact our offices for a free consultation. If the landlord fails to correct the issue, you will be permitted to terminate your tenancy and leave the property. This is considered a constructive eviction.
Furnished Apartment Building Liability for Bed Bug infestation: Many bed bug bites take place in temporary housing complexes and extended stay hotels furnished by their owners and operators. Section 40 of the California State Housing Codes states, “In every dwelling where the linen is furnished, the linen shall be changed before a new guest occupies the dwelling unit”. If Property the failure of the property owner to change the linens is a cause of injuries sustained via bed bug infestations then liability will likely be placed on the homeowner.
It is important to do the following after you first notice that you have been bitten by bed bugs:
Our Personal Injury Lawyers have dealt with multiple bed bug lawsuits. All confidential legal consultations with our attorneys are provided free of charge. To contact a Beverly Hills Personal Lawyer toll free call (310) 894-6440.
Based on the specifications of your case – the details of the accident, how severe your injury was, it is ultimately going to determine what you could be entitled to sustain based on your case. However, what you can be compensated for if your case prevails can often be put into several different categories.
The categories of compensation can include:
Medical bills: Should you win your case, you could be awarded compensation for medical bills you’ve had to pay as a result of your injury. This includes both past and future bills stemming from the injury, and can potentially cover expenses such as transport or in-home rehabilitation services.
Lost wages: Lost wages can be awarded if your injury has caused significant missed time at work, or has made you unable to perform your job. You could be entitled to even more lost wages if the injury leaves you permanently disabled and unable to find consistent work.
Pain and suffering: In some cases, the damages endured from physical pain and emotional suffering can be compensated to pay for therapy treatments.
Punitive damages: Punitive damages are awarded in more extreme cases, wherein the injury was caused by someone’s recklessness. They are awarded to try and dissuade the defendant and others from acting with that level of recklessness again.
Contact a Bed Bug Injury Lawyer to schedule a free, no obligation initial case evaluation at (310) 894-6440. Our Bed Bug Injury Lawyer will help protect your rights. And remember, You Don’t Pay until You Win, or You Don’t Pay At All!
If you are in need of a Bed Bug Injury lawyer to help you get appropriate compensation and medical care you deserve, you should contact a Bed Bug Injury accident lawyer in today. Our experienced personal injury lawyers will help you overcome your Bed Bug Injury or damage.
If you have any questions about the information provided above, please contact LAW MART. LAW MART is a Lawyer Referral that can provide you with a Bed Bug Injury Attorney or law firm. If you do have any questions about a Bed Bug Injury attorney please contacts us for a free Lawyer ReferralLawyer.
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