Bed bug infestations have been on the rise for the past several years in Los Angeles. The city is home to nearly four million people, and approximately another 50 million visit the city each year. With so many people present, bed bugs are likely to be in certain areas, as they need a warm-blooded host to feed. When these pests invade a hotel room, home, trains, and even airplanes, they can make life extremely difficult. If another person’s negligence caused you to suffer harm due to bed bugs, it may be possible to file a claim for compensation. These claims present many challenges, though, and you will have to prove your case. Our Los Angeles bed bug lawyer can overcome those challenges so you can maximize your settlement.
Determining Liability for a Bed Bug Infestation
Bed bug lawsuits fall under the area of personal injury law. As with most personal injury claims, there can be multiple parties who are liable, or at fault, for an infestation. If you stayed in a hotel while visiting Los Angeles and brought a bed bug infestation back home with you, it is possible to hold the property owner liable. Businesses have a legal obligation to make sure the premises are safe, and that includes being free of bed bugs.
Additionally, if you rent a property that contains a bed bug infestation, you can sue the landlord for damages with the help of a bed bug attorney in Los Angeles. Filing a claim in this scenario is a bit more difficult than filing a claim against a business owner. To have a valid claim for a rental property, the infestation must have existed before you moved in. Generally speaking, this means that you should have discovered the problem shortly after moving in. If you wait too long, the landlord may argue that you brought the bed bugs onto the property and therefore, they are not liable.
Lastly, if you traveled on a train or plane and were bitten by bed bugs or brought an infestation back home, it may be possible to file a claim against the carrier. Even though these vehicles are not stationary, they are still part of a business and owners must ensure they are safe.
Time Limit on Bed Bug Claims
As with the majority of personal injury claims in Los Angeles, those filed due to bed bugs have a time limit known as the statute of limitations. In California, the statute of limitations on bed bug claims is two years from the day you discovered the infestation. If you do not file your claim within this time, it will be thrown out by the courts and you will not receive any compensation at all.
Our Bed Bug Lawyer in Los Angeles Can Help with Your Claim
At Brod Law Firm, our Los Angeles bed bug attorney is dedicated to helping clients who have been harmed by someone else’s negligence, and we can put that experience to work for you, too. Call us now at (800) 427-7020 or connect with us online to request a free consultation and to learn more.
FAQs
Filing bed bug lawsuits and winning a case will require some planning, which a bed bug injury attorney can help you accomplish. As noted on our page about resolved cases, bed bug lawsuit settlements can range anywhere from $10,000 to $80,000 or more given the situation.
How do you win a bed bug case? ›
Premises Liability
For a successful lawsuit, you must prove negligence on the part of the hotel. This means establishing that: The hotel knew or should have known about the bed bug infestation (duty of care). They failed to take reasonable steps to prevent or eradicate the infestation (breach of duty).
What is the compensation for bed bug bites? ›
You can make a bed bug bite claim if you can prove that you stayed somewhere that had a bed bug infestation, and the resulting injuries were due to someone else's negligence. Typically, you have three years from the date of the incident to begin a claim.
Can you sue for bed bugs in California? ›
Under California law, you can file a premises liability lawsuit if you were bitten by bedbugs while renting a property or staying at a hotel.
How long does it take to settle a bed bug case? ›
Some cases resolve within a few months and others require a lawsuit to be filed, along with several years of litigation. The length of time to resolve a bed bug claim depends on many factors; some of which are outside of our control.
Should you get a refund for bed bugs? ›
Yes, request a hotel to refund you if your hotel room had bed bugs. As mentioned above, hotels have specific obligations when it comes to bed bugs. When hotels disregard their obligations and expose their guests to bed bug infestations, they should be ready to at least provide their guests with a fair refund.
What brings bed bugs out of hiding? ›
To lure bed bugs out of their hiding spots, you can use a steamer or a hairdryer to heat areas such as mattresses. Neither of these is hot enough to kill the bed bugs, but it can trick them into thinking a human host is near. You can also keep an eye out at night to locate their nests when they are most active.
Why should you not squish bed bugs? ›
Bed bugs are not known to spread pathogens through their bites. Bed bug bites can be itchy and stressful. Do not squish a bed bug as it will release the blood and any pathogens it may be carrying.
Do bed bugs hide in pillow cases? ›
Their seams, folds, and fabric offer the perfect hideout. Attracted by Human Scents: These pests are drawn to the carbon dioxide, warmth, and other chemical signals humans emit. Since pillows are close to our heads and carry our scent, they become a magnet for bed bugs searching for a blood feast.
Can I get compensation for bed bug bites? ›
If you have suffered bedbug bite injuries through no fault of your own, you may be entitled to bring a bedbug bite claim to recover compensation for pain, suffering, and loss of amenity and to cover any financial losses.
If you're wondering if you can receive compensation for bed bug bites in your hotel room, the answer is yes. Yes, you can get compensation for bed bugs at a hotel.
Why am I still getting bites after bed bug treatment? ›
If the treatments were not thorough enough or missed certain areas of infestation, some bed bugs could have survived and continued to reproduce. They might have found refuge in wall voids, behind electrical outlets, or within furniture.
How to win a bedbug lawsuit? ›
Collecting evidence is crucial in a bed bugs lawsuit. This includes photographs of the infestation and bites, medical records if you sought treatment, communication with the landlord or hotel, and expert testimony if possible. A detailed description of your experience and related expenses is also vital.
Who pays for bed bugs California? ›
According to California Civil Code Section §1941, landlords are obligated to maintain rental units in a habitable condition. Thus, the burden of treating bed bug infestation falls under the landlord's responsibility in most circ*mstances.
Can you be evicted for bed bugs in California? ›
According to California Law, Landlords must provide tenants with safe housing, free of pests. Landlords cannot evict tenants, increase rent, or decrease services due to bed bug infestations, provided the tenant has reported the infestation in accordance with this law.
How much is a bedsore lawsuit worth? ›
While there is no average bedsore settlement amount, it's not uncommon for nursing home bedsore lawsuits to be worth $1 million or more when gross negligence, wrongful death, and significant disfigurement and pain are involved.
Does insurance cover bed bug damage? ›
Bed bugs aren't covered by homeowners insurance because the coverage you receive is designed to cover sudden and unexpected damages, and it exclusively states that pest or bug infestations don't qualify for coverage due to the nature of their being.
Can you sue a hotel for getting bit by bed bugs? ›
If you are bitten by bed bugs at a hotel, you may be eligible for compensation for physical and emotional injuries you suffered. The responsible parties who may have to pay you, if you bring a successful claim, could be anyone who was responsible for playing a part in making sure your room was free of infestation.