Bites from a Bed Bug

Bed bug bites are unique for many reasons, including the pattern they leave behind on your body. Typically, you will find a cluster of bite marks in a zig zag or linear pattern, or in a cluster of 3 to 5 bites. Once they have had their fill, the bugs crawl back to their nests while you continue sleeping.

Please note that bed bug bites can take time to appear. Some people will notice them the following morning, while others may not see welts or bumps for several days. Most people experience intense itching, as you would with flea bites, and this leads to scratching and picking at the site of injury. As a result, the wounds can open and get infected, leaving you vulnerable to severe allergic reactions and permanent scars.

Bed Bug Nesting Habits

As previously mentioned, female bed bugs can lay hundreds of eggs in their lifetime at a rate of up to 5 eggs per day. Bed bugs reach full maturity after 5 weeks, but in the meantime, you may come across small, oval-shaped eggs that are off-white in color. Common locations for bed bug eggs include:

• Behind and under bed frames
• Under mattresses
• Under or within blankets and sheets
• Behind picture frames and electrical outlets
• Under rugs and carpets
• In dresser drawers
• Inside pillow cases and upholstery on couches
• In air vents

The exoskeletons that are shed by bed bugs are another sign of an infestation on the property. You can also look for bed bug feces, which look like dark stains or tiny dots. For the most part, bed bugs are found in apartment buildings and hotels, but they can also reside in nursing homes, daycare centers, office buildings, college dorms, public buses, and movie theaters. Essentially, anywhere that is used by many people at the same time and has a high turnover rate of visitors is at risk of a bug bed infestation.

Premises Liability and Bed Bug Infestations

Premises liability laws require landlords and other owners of establishments to provide guests with clean and sanitary living conditions. By “guests,” we are referring to a wide category of people, from those renting an apartment to customers who are browsing at a store. Service people like delivery workers and repair techs also classify as guests that are on the property for a business purpose.

In terms of a bed bug case, a premises liability claim can be filed against a property owner if:

• They caused the infestation, like bringing infested items to the property
• Knew of the bed bug infestation and did not take appropriate actions to remedy the problem
• Did not know there was an infestation, but they would have known about it had they taken reasonable care to inspect, clean, and maintain the premises (daily cleaning of all occupied rooms in a hotel, for example).

The laws in California are very clear on the fact that a property is uninhabitable when it’s infested with pests like cockroaches, fleas, mice, spiders, and bed bugs. So, this isn’t just about making sure that the place is clean; you also have to eliminate pests that are causing injury and property damage for the tenant and others with a right to be on the property.

If you are denied habitable living conditions by a landlord, hotel owner, etc., you may have the option of filing a premises liability lawsuit for monetary damages. The state of California has specific laws regarding rented properties, which we can go over with you during a free consultation. If you rented an apartment, for example, your landlord has a duty to eradicate any bed bugs in the unit before you move in. However, the landlord can argue that you are the one who is to blame for the bugs if you wait to tell them about the infestation. That’s why it’s important to check your new apartment thoroughly for signs of bed bugs and tell your landlord immediately if you believe there is an infestation. The same goes for any other establishment you are staying at, like a hotel or motel, college dormitory, medical facility, or Airbnb rental.

What to Do if You Find Bed Bugs

Coming across bed bugs at hotel or any other property is a scary and frustrating experience. Most people do not know what to do in these situations, but taking the right steps is critical to keeping the infestation contained and protecting your right to compensation.

The exact steps you should take can vary, depending on the type of property / business, like whether the infestation happened in a vacation rental, hotel, or apartment. However, there are steps that are applicable in any situation where you are injured by bed bugs. First and foremost, document your injuries by taking the following actions:

• Photograph all your bites and other injuries (signs of an allergic reaction, for example)
• Seek medical treatment, as it can take days to feel the full effect of beg bug venom in your system. A doctor can tell you what symptoms to look out for and prescribe any medications that can keep your injury from getting worse. It’s also important to remember that bed bugs feast on blood, which is a communicable agent for many diseases.
• Make sure to save any documentation you receive from your medical visits, like doctor’s notes, hospital bills, prescriptions, and receipts for medications. This will ensure that you have ample medical records to show that you suffered bodily harm, which is the foundation of a personal injury lawsuit.

Along with your injuries, make sure to take photos of bed bugs or indications of bed bugs wherever you can. Debris left behind by bed bugs, like shedding exoskeletons and feces, can serve as evidence, along with photos of any bed bug eggs. You may also find little spots of blood on the sheets from during the night, so capture images of that as well. Then, take pictures and/or video footage of items that have been ruined by bed bugs, like your clothes, couch cushions, and drawers.

Next, gather all paperwork that proves the hotel, landlord, etc., owed you a duty of care. This can be a lease for an apartment, booking confirmation and proof of check in at a hotel, or a credit card or bank statement. Witness statements are another form of documentation that can serve as powerful evidence in a bed bug lawsuit. If you can, try talking to other tenants and guests and seeing if they have noticed bed bugs in their rooms / apartments. If multiple people are suffering, this will strengthen your case against the owner, property manager, or whoever else is in charge of the premises.

Filing a Bed Bug Claim

Once you have gathered everything you can locate in terms of evidence, you’ll need to notify the right people and give them a chance to make things right with you. If you are staying at a hotel, you will probably file an incident report with the manager.

Please note that you should take pictures and collect all your evidence before alerting the hotel. Otherwise, they will move quickly to usher you out and remove anything that can be used against them. You should also decline any immediate offers from the hotel, like discounts, refunds, and vouchers, because doing so implies that the hotel offered you a fair solution to the problem. This will be a sticking point that can be used by the defense if you choose to go ahead with a lawsuit.

You must also notify your landlord, property manager, leasing office, etc., if you discover bed bugs in your apartment. As you would at a hotel, take all the necessary photos ahead of time, then send a written statement to report what you found. Then, save all correspondences regarding the bed bug issue, including confirmation of pest control appointments and what was done to get rid of the bed bugs. If the party in charge is taking too long to contact an exterminator, you may be forced to seek help on your own. In these instances, save all emails, texts, appointment confirmations, and receipts to show what was done and how much you were charged.

Since exterminating bed bugs can take multiple treatments, you may need to move for a while and stay at a hotel or a short-term rental. Save all records related to how much was spent on alternate accommodations, which are monetary losses you can ask for in a bed bug infestation lawsuit.

We also advise that you contact an attorney who can help sue for damages caused by bed bugs. Filing a bed bug claim is much more complicated than reporting the problem to your management company. Many tenants face stiff resistance from the other side, who will try to blame the victim for bringing bed bugs to the property. They may also deny that the harm you suffered was as bad as you are claiming and offer you nothing beyond your immediate medical costs. This is to be expected, since no one wants to admit that they broke the law or pay the aggrieved party 5 to 6 figure settlements as compensation.

At the end of the day, you should have an experienced bed bug lawyer by your side in your journey to physical and financial recovery.

Bed Bug Lawsuit Values

Bed bug case values can start at just a few thousand dollars, but many of the cases settled by our attorneys are worth considerably more. For example, the level of emotional distress can result in 6-figure sums for pain and suffering, and this is why some cases result in payouts of $100,000 to $500,000. You may even come across jury verdicts exceeding ,000,000, but these lawsuits are usually filed as a class action claim for bed bugs, meaning that multiple tenants or guest have joined together in a single case against the property owner and/or manager.

Many factors are involved when we come up with the value of a bed bug lawsuit. With personal injury claims in general, injuries are the most important variable. Essentially, some degree of bodily harm had to have occurred. But those with bed bug bites may not have serious, long-term damage unless they have many bites all over their body, or they have a life-threatening allergic reaction. On the other hand, you can experience intense levels of post-traumatic stress disorder (PTSD). This can lead to intense suffering of a physical and psychological nature, as you are always paranoid and on the lookout for bed bugs. As a result, you do not feel safe in your home, and you may be unable to sleep at night or wake up from having nightmares.

Emotional distress is one of the most important aspects of figuring out how much a bed bug injury claim is worth. But we also have to consider the value of personal belongings that are ruined by a bed bug infestation, as well as any out of pocket costs for extermination services or finding somewhere else to live. In conclusion, coming up with a bed bug settlement value is extremely complicated, and it’s in your interests to seek help from an experienced bed bug attorney.

Settlements and Verdicts in Bed Bug Lawsuits

Each case of bed bug infestation is unique, and some cases are much more complex than others. There is no assurance of the results, or what compensation you can receive, if any. This is why it’s crucial to consult a lawyer that specializes in bed bug cases right away. An experienced attorney can review the circumstances and advise you on the chances of a successful claim. Thy can also find evidence that you may not be aware of or have trouble locating on your own.

The ultimate goal is to put together a strong and compelling case that results in maximum compensation. What this means will vary somewhat from one case to another, but looking at previous judgements for those affected by bed bugs can serve as a helpful guide. Consider the following court cases where the victim achieved justice after being exposed to a bed bug infestation.

McKindras v.Heritage Inn

The McKindra family was bitten by bed bugs while staying at the Hilton Garden Inn. Members of the family woke up in the middle of the night and found that their beds were covered in bed bugs. The parents, Alex and Martha McKindra, asked hotel staff for another room, but the hotel was full, so they agreed to stay at another Hilton location. The McKindras were given a note that explained the need for new accommodations due to a bed bug infestation.

Martha, the mother of the family, had bites to her face, as well as her arms and legs. She also had an allergic reaction that required a hospital visit and medications. In spite of these treatments, she was left with visible scars, which compounded her emotional trauma. The father, Alex, was dealing with constant worry and distress, and so was their son, Marcus.

The hotel agreed they were liable for the bed bugs, but claimed that they did all they could to remedy the situation upon being notified by the plaintiffs, including moving the family to another hotel. The jury, however, agreed that this was not sufficient remedy and ordered the defendant to pay nearly $550,000 in damages.

Park La Brea Tenants v. La Park La Brea, PLB Management, and Round the Clock Pest Control

This lawsuit was filed by multiple tenants in an apartment building for bodily injury, emotional distress, and property damage caused by bed bugs. The Park La Brea apartment complex was infested by bed bugs, and numerous tenants complained of the issue. The affected tenants ranged from senior citizens to infants, and they claimed that numerous visits had been made to the building by the pest control company. The exterminators recommended solutions to get rid of the bed bugs to management, including heat treatments and assistance from K-9 units.

The management company did not follow through on any of the recommendations, nor did they send out a notice to all tenants about the presence of bed bugs. Many of the tenants ended up with bed bug bites, but thankfully, no one had severe reactions. However, all the plaintiffs had significant emotional trauma and some of them needed to find new housing to move forward with their lives.

The defense claimed that the management company did provide notice to tenants about a nationwide increase in bed bugs and how to report an infestation. But they had to admit that they did not issue a specific warning about the presence of bed bugs in the building itself. They defense also insisted that they followed the course of treatments advised by the exterminators, but some tenants refused the treatments.

The jury found that some of the tenants did bear some of the responsibility, but the defendants also failed to address the situation in a timely and responsible manner. The plaintiffs were awarded a total of $3.5 million for their emotional suffering and loss of property.

Martinez and Maravillas v. Amusement Six Apartments

This case involved a family of four that was living in an apartment building owned by Amusement Six Apartments LLC. The family complained about bed bugs after they were bitten and searching for signs of bed bugs for several days. The worst bites were on their son, Jorge Jr., who was 3 years old at the time.

According to the parents, Liliana and Jorge Martinez, the apartment complex management did not contact pest control until 9 days after the complaint. In the meantime, the bugs completely took over their home, and all their furniture, clothing, and beds were completely infested. As a result, the Martinez family suffered from anxiety, lack of sleep, intense aggravation, humiliation, and disfiguring scars on their body.

Furthermore, they stated that the steps taken by the exterminators were ineffective. Aside from their failure to eradicate the bed bugs, the pest control company left behind a dangerous chemical all throughout their apartment. The management also failed to replace the rugs as they had promised.

The family filed a claim for damages based on Amusement Six Apartments taking too long to arrange for the exterminators. Had they not waited 9 days to act, the infestation would not have gotten as bad, and therefore, much harder to resolve. The defense, however, argued that there were no complaints of bed bugs from any other units. Thus, it’s possible that the family brought in the bed bugs themselves. They also disputed the date of treatments by the plaintiff, and said that building management acted in a timely manner based on when they received the family’s complaint. Additionally, the defense stated that the plaintiffs lacked sufficient evidence to prove the extent of emotional distress and property damage they were claiming.

The jury disagreed and sided with the Martinez family, who received an award of $1.5 million

Compensation Available in a Bed Bug Lawsuit

A bed bug infestation causes various losses of a monetary nature, along with significant emotional trauma. How people are affected by bed bugs is different from one case to another, and these differences play a critical role in the damages you can obtain from a personal injury claim. Compensatory damages that may be available to you include:

• Medical expenses to cover treatments, hospitalization, on-going doctor’s appointments, allergy medications, and therapy sessions
• Property damage or loss if you were forced to get rid of clothes, furniture, electronics and other items because of a bed bug infestation.
• Lost wages if dealing with the infestation caused you to miss time from work
• Moving or relocation costs if you were forced to find another place to live because of the landlord’s refusal to get rid of the bed bugs.
• Refund of your booking fees and cost of new accommodations if you had to find another hotel, Airbnb rental, etc.

If a bed bug lawsuit is tried in court and the defendant’s conduct is particularly negligent (gross negligence), you may be awarded additional funds in the form of punitive damages. However, it’s extremely rare that a premises liability lawsuit goes to trial, so the most likely outcome is that you will reach a settlement with the other side.

Statute of Limitations – How Much Time Do I have for a Lawsuit?

A bed bug claim for compensation must be filed within 2 years of injury and/or damage to your property. Exceptions can be made under limited circumstances, which would allow for a longer period of time to file a lawsuit. However, most people’s cases are limited to a 2-year statute of limitations. Thus, you must start the process of filing a claim right away.

The bed bug lawyers of DTLA can build a strong case on your behalf and fight for the highest possible settlement. We have decades of experience with premises liability lawsuits for bed bug injuries, and we are more than ready to fight for you and payments you deserve by law. Simply contact us today at your earliest convenience and start the process of reclaiming your health and finances after a bed bug infestation.

Contingency Fee Arrangement

What is the Contingency Fee Arrangement, you ask? It’s our promise to you that at no point of being with us, will you every pay for legal services out of pocket. We take bed bug cases on a contingency basis, and that means you pay $0 if you decide we are the right law firm to represent you. In our settlement negotiations, we ask the party at fault to cover the costs of hiring a bed bug lawsuit attorney. That way, our expenses are paid by the defendant as long as the case is resolved in your favor. If we do not win your case, you do not pay a single cent in legal fees.

In short, you risk absolutely nothing by consulting the lawyers of DTLA about your rights and legal options. Please get in touch with us to schedule a free, no-obligation case review.