A lawsuit against a hotel or motel for a bed bug problem is all too common these days. Our bed bug attorneys have been representing victims of bed bug attacks against hotels and motels across the country.
Courts across the country have recognized that victims of bed bug related injuries can bring claims on multiple legal theories against hotels and motels. Hotels and motels owe a duty to their guests to exercise reasonable care in maintaining the hotel or motel premises (rooms) in a reasonably safe condition. Furthermore, hotels and motels have a duty to warn of concealed perils that are or should be known to the landowner or property manager and that are unknown to the guest and cannot be discovered through the exercise of due care. A cluster of bed bugs tucked away in the nooks and crannies of a hotel room can qualify as a concealed peril that cannot be discovered through the exercise of due care by the guest.
As bed bug attorneys, we represent victims of hotel and motel bed bug infestations at all stages of a claim or lawsuit by obtaining compensation and reimbursement for injuries and expenses incurred by our clients. Our services include settlement negotiation, litigation (when necessary) and final resolution.
The process of getting a hotel or motel to compensate you for your pain and suffering, out-of-pocket expenses and property damage and can be difficult and frustrating without the assistance of an attorney familiar with bed bug claims. Bed bug claims are constantly challenged by hotels, motels and their insurance companies. Our bed bug attorneys have handled bed bug claims against multiple hotel and motel chains across the country and are familiar with all of their defenses. This knowledge enables us to use our experience to best present your claim.
A number of different causes of actions may be appropriate in bed bug lawsuits, these causes of action depend on the state in which the incident occurred or where the defendant resides. The most frequent causes of action are negligence, gross negligence, battery, fraudulent concealment, consumer protection action violations, and in extreme cases punitive damages.
In the majority of the States bed bug lawsuits are brought under the legal theory of negligence or breach of the warranty of habitability. Negligence consists of a duty of care owed by the hotel or motel to guests, a breach of that duty, proof that the breach was the cause of an injury to the guest, and proximately caused damages.
A hotel or motel is under a non-delegable duty to maintain its property in a reasonably safe condition, and owners or managers of a hotel or motel owe guests the duty of providing them with accommodations that are in a reasonably safe condition. This duty imposed upon property owners or property managers is tempered by a requirement that a plaintiff must establish that the hotel or motel created or had actual or constructive notice of the presence of bed bugs.