When you are in another country to spend a wonderful vacation, it is always necessary to find a place to stay and have a comfortable sleep, especially when you just want to laze around and do nothing. Typically, one of the top choices is a hotel that accommodates guests and provides them with spacious rooms. But how can a vacation be worthwhile when you go home with so many bed bug bites, which you believe, came from the hotel room?
Possibilities of Filing a Bed Bug Lawsuit
If this has happened to you, can you sue for bed bugs in hotel rooms then?
Yes, suing hotel for bed bugs is something you can do so that you can get claims and damages for the injuries caused by the parasitic insects. As a matter of fact, local sanitary laws in several states consider bed bug bites as serious injuries that are similar to injuries due to slip and fall or car accidents. In some states, bed bug-related lawsuits are filed based on the legal theory of Negligence or Breach of the Warranty of Habitability.
Generally, hotels, motels, and other lodging establishments are obliged to keep their properties in a safe condition. Meanwhile, owners and managers of the hotels owe the guests the duty to provide accommodations that keep them safe during their stay. For this reason, hotels are held responsible for the presence of bed bug infestation in their rooms, and the guests who suffered from bed bug bites have the right to sue the liable parties – hotel owners, managers, staff members, and even their insurance companies – for personal injuries in the court of law.
Things to do Before Suing Hotel for Bed Bugs
How can you sue for bed bugs in hotel rooms? Before you can file a bed bug lawsuit, it is ideal for you to gather strong evidence that shows the hotel owner or management has failed to do a reasonable inspection on the property or has not done any measure to solve the bed bug issue on the property. The most evident proofs, besides the actual bed bug bites, will be photos or videos of the bed bugs, and/or recorded statements from the staff, testifying that the hotel owner is aware of the infestation.
If you were able to collect those aforementioned evidence, then suing hotel for bed bugs becomes easy. The proofs can be useful arguments to hold the hotel liable for the negligence that caused the injuries of the guests. Furthermore, the majority of bed bug cases filed against the hotels are won due to negligence, or the failure of the owners to warn the guests about the presence of bed bugs in the rooms. In some cases, the hotel management staff has failed to conduct proper procedures in keeping the properties safe from bed bugs.
You can also do the following measures before pursuing the bed bug case:
– Seek for medical attention immediately. Bed bug bites can be dangerous, which can result in permanent keloid scarring, or serious viral or bacterial infections.
– Call the attention of the local health department. Tell them to visit the hotel and then ask a copy of their report to use as an evidence.
– File an injury report as well. You can also try to contact the hotel and ask for important information such as the name of the hotel manager, the hotel’s direct contact number, and/or e-mail address. While you are at it, you can ask the hotel staff about the latest dates when the rooms have been thoroughly cleaned and inspected, as well as, the identities of the cleaning personnel and the cleaning company.
Claims and Damages After Suing Hotel for Bed Bugs
Assuming that you are the injured person, and the case is in your favor, here are the types of claims and damages you may possibly receive in terms of monetary compensation:
– All expenses spent on medical costs and emergency rooms
– Future medical care costs
– Pain, suffering, and even post-traumatic stress caused by the bed bug bites
– Damage to property
– Recovery for wage loss and future income because of the bites’ long-term effects