In the State of California, landlords are legally required to give written information about bedbugs to tenants, including how to report a suspected infestation. They are also prohibited from renting a unit that has a known bed bug infestation.
In addition, landlords are not allowed to retaliate against a tenant who reports a bedbug issue. This means that they cannot raise the tenant’s rent or evict them because they reported the infestation.
A tenant is required to report any suspected bed bug infestation to the landlord in a timely manner. Tenants must also cooperate with the pest control efforts to treat the bed bug infestation.
A bed bug is a very small insect that hides in carpets, clothing, and bedding. They can cause irritation or injuries to individuals by biting them when they sleep.
These injuries may, in some cases, be severe and case:
- Fever
- Insomnia
- Skin patches
- Itchy skin
- Other skin irritation or issues
If an individual is bitten by bedbugs, they may be able to file a bed bug lawsuit to recover for personal injury damages. A lawsuit that is filed as a result of injuries that were suffered are commonly filed against hotels or landlords by patrons or tenants.
If an individual thinks they may have a bedbug infestation in their unit or residence, before they file a lawsuit, they should contact their complex manager or landlord and inform them in writing of the issue. Once they do, the landlord will be required to hire a qualified exterminator to enter and inspect the unit for bedbugs and, if they are found, take steps to eliminate them.
For more information on bedbug issues in California and how to resolve them, an individual should consult with a California lawyer.
Can I Sue My Landlord for Bed Bugs?
Landlords are required to ensure that properties they rent are safe and free from dangerous conditions pursuant to the implied warranty of habitability. This warranty provides that landlords have to ensure the units they rent are not in violation of health codes and are otherwise habitable.
If an individual’s property is infested with bedbugs and it is not their fault, the individual may be able to hold their landlord liable for damages. In addition, if the landlord was aware that there was a bedbug infestation, but did not properly treat the unit, they can be held liable for:
- Breach of contract, when there is a bedbug addendum
- Breach of implied warranty of habitability
- Personal injury damages related to the bedbugs
Another remedy that may be available for a tenant is withholding rent payments until their landlord addresses the issue and provides a remedy. In these cases, the tenant must first notify their landlord and provide them with the opportunity to rid the unit of the bedbugs.
When the landlord does not fix the infestation, the tenant may be allowed to withhold rent or charge the landlord for the money they had to spend to fix their bedbug issue. In addition, the landlord may be liable for relocation costs if the tenant has to find a new habitable apartment. The landlord may not be allowed to hold the tenant liable for unpaid rent if they had to break their lease.
If an individual is having any type of bedbug issues, they can have a lawyer consultation to determine what their options are and what remedies may be available to them.
Can a Hotel Be Liable for Bed Bug Bite Injuries?
Similar to how landlords may be held liable for bedbugs, a hotel can also be held liable for damages an individual suffered as a result of the presence of bed bugs. A hotel owner has a similar duty of care to guests as landlords to tenants.
A hotel has to ensure that hotel rooms are safe and clean for guests. If a hotel allows a guest to stay in a room that is infested with bedbugs, they may be deemed negligent and held responsible for injuries that the guest suffered.
The hotel may face additional liability if it was aware of the bedbug infestation but did not take any actions to correct the issue. In these situations, a guest may be able to recover additional damages. It may be difficult, however, to show that the hotel was aware of the infestation unless there is evidence that previous guests also complained about the bedbugs.
Many times, an individual’s injuries from bedbugs will not show up until several days after the individual stayed at the hotel. Based on this, the hotel owner may deny liability and state the guest’s injuries may have occurred somewhere else.
The hotel may also argue that the guest brought the bedbugs with them from their own home or workplace to avoid liability. If an individual is injured by bedbugs in a hotel, that hotel may be required to:
- Pay for the individual’s medical expenses
- Reimburse the guest for their stay
- Reimburse the guest for other damages they may have suffered, such as having to dispose of infested clothes
What Should I Do if I Discover Bed Bugs?
If an individual discovers bedbugs or injuries from bedbugs appear on their body, they should immediately document their injuries, such as taking photographs of the bites. Next, they should inform their tenant, hotel, or other individual or party who may be responsible for the bedbug issue.
Landlords, hotel owners, or other responsible parties will usually be given a reasonable time frame to remedy the bedbug issue. In some cases, however, immediate remedies may be available against landlords or hotel owners if they were aware of the bedbug situation but failed to fix it.
It is also important to note that a court may hold a tenant or guest liable if they do not inform a responsible party of the bedbug infestation and continue to reside at the infested place. This type of liability for tenants and guests is based on the duty of an individual to mitigate damages.
For example, once an individual has discovered evidence of bedbugs, they should immediately remove themselves from the location to avoid further injury. They cannot continue to live or sleep in the infested location and later claim additional damages.
What Damages Can I Recover From a Bed Bug Bite Injury Lawsuit?
The damages an individual may be able to recover in a bedbug injury lawsuit can vary depending on the facts of the case and the responsible party. A victim of bedbug injuries can often recover the following damages:
- Medical expenses for the treatment of the injuries caused by bed bugs
- Reimbursement for having to relocate or stay somewhere else during bedbug treatment
- Reimbursement for hiring an exterminator
- The cost of the hotel room
- The cost for destruction of property required, such as clothing, furniture, or other items ruined by infestation or treatment
Should I Consult an Attorney About a Bed Bug Bite Injury Case?
If you have been injured due to a bedbug infestation in California, you may be able to recover damages. A California personal injury attorney can guide you through the necessary steps and help you throughout the lawsuit process.
Personal injury attorneys often offer potential clients free initial consultations to determine if they have a viable claim. You can use LegalMatch in as little as 15 minutes to find California lawyers near you who can help you get compensation for your bedbug injuries.
