Bed Bugs In Hotel Rooms and Motel RoomsSan Diego is a major tourist destination for millions of visitors each year. Hotel and motel operators owe a legal duty to provide for a clean environment, free from infestations including bed bugs. The California Code of Regulation on State Housing Section 40 on Bedding states, “In every apartment house or hotel, every part of every bed including mattresses, sheets, blankets, and bedding, shall be kept in a clean, dry sanitary condition, free from filth, urine or other fouls matters, and from infection of lice, bed bugs or other insects.” Hotel and Motel operators have a responsibility to ensure bedding and mattresses are clear of bed bugs and other infestations. Lawsuits against hotel owners are commonly based on several differing causes of action including (1) General negligence, (2) Violation of California and San Diego County health and safety codes, and (3) Breach of implied warranty of habitability.
Other Cases of Bed BugsBed Bug infestations can take place in any location where owners and operators fail to properly inspect and clean mattresses and other furniture. Common place where bed bug bites take place include
- Apartment buildings, furnished apartment homes
- College and university dorm rooms
- Bed Bugs in nursing homes and elderly care facilities
- Taxicabs, buses, trains and other public transportation vehicles
- Bed Bugs in cruise ships
- Contraction of bed bugs from mattress stores, used and new mattresses
- Bed bug infestations in hospitals
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Time Period to File a Lawsuit – California Statute of LimitationsIn the state of California victims of personal injury have two years from the date of an injury to file a lawsuit in the court of law. Minors, individuals under the age 18 have two years from the date of their 18th birthday to file a claim. In cases against government entities, (ie government operated hospitals, facilities) plaintiffs have six months from the date of the injury to file a grievance with the government. Failure to file a claim within the statutorily allotted time will likely eliminate the right to compensation under the law. What if the Statute of Limitations for Filing a Lawsuit Has Run: In certain circumstances courts will allow for a tolling (or halting) of the a statutory time period for filing a claim. Instances where courts have allowed for a tolling the a statute of limitations include cases where there is mental of physical incapacitation of a victim.
Compensation for My Injuries – Filing A Bed Bug LawsuitVictims of multiple bed bug bite are entitled to full and just compensation for all their losses including
- All medical expenses and hospitalization costs
- All future medical expenses and rehabilitation costs
- Pain and Suffering including emotional distress
- Lost wages and loss of future earnings
- Punitive damages – where possible
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