What are bed bugs?Bed bugs are small creatures that create nests and feed on human blood. They are sometimes mistaken for ticks and fleas, but they have notably different qualities. For instance, ticks burrow under the skin, and fleas can jump long distances and are usually near animal beds. Bed bugs are seldom seen during the day and on your body, and they can only move by crawling. They re nocturnal and tend to make their nests near where their victims sleep so they can make their way to them during the night and feast. Bed bugs have a special kind of saliva that has properties that aid them in drinking blood. They have an anesthetic in it, so you do not feel the bite, and an anti-coagulant, so your blood does not stop flowing. This allows them to drink for minutes at a time before being satiated. Interestingly, bed bugs can go months without drinking any blood, which may cause people to think rooms are safe when they are simply surrounded by dormant bed bugs. This is but one reason the creatures are difficult to kill. The effects of bed bugs are usually not apparent until a few hours or days after the incident. The bites may not show up immediately and when they do, they will be small, red, raised welts. They do not itch as heavily as other bites, but they can provoke heavy reactions if the victim is allergic. The bites may also turn into open sores if scratched.
What are the laws regarding bed bugs?In most states, there are habitability laws that determine how clean a room must be in order for it to be rented out or be a part of a service package. Hotels and motels must provide safe quarters to individuals, and these quarters must be free from infestations and must be sanitary. There must be no rats, vermin, filth, bed bugs, or other pests present. If there are, the guest can refuse and be transferred to another room.
Learn more about your legal options by chatting with a representative now.These habitability laws and standards make it so that individuals can take legal action if they are exposed to bed bugs, and the motels will have to pay hefty fines and may be marked as unclean or in violation of various health codes.
How can I file a bed bug lawsuit?If you wish to file a bed bug lawsuit, you will need to establish that the motel owed you a duty of care that was breached in some way, resulting in the accident and injuries. For a bed bug infestation, you will likely file a premises liability lawsuit, which must contain one of the following points:
- The motel owner knew about the infestation and took no action to remove it
- The motel owner caused the infestation by bringing in dirty sheets or used bedding
- The motel owner did not know that there was an infestation, but he reasonably should have if he had been more attentive or had his staff do deeper cleaning
- Pictures and videos of the bed bugs themselves, as they like to nest in damp, dark areas; signs of them include small exoskeletons, cream colored eggs, bloodstains on sheets, droppings, and more
- Photos of your bites
- Medical proof and receipts from the hospital after you got treatment
- A copy of your receipt, credit card statement, or anything else used to pay for the room
- Statements from other guests or workers who saw the infestation or who were staying at the Econo Lodge and were also bitten
- A copy of the incident report you filed with the motel
What kind of compensation can I get if I sue for bed bugs?In filing a lawsuit against Econo Lodge for bed bugs, you have the ability to receive various kinds of compensation. We will fight to win you the maximum restitution available under the law. Our lawyers will work to bring you the following:
- Medical expenses related to the bites, including any medication and stays you had during and after the trip
- Lost or damaged property that was broken or needed to be thrown out after the infestation
- Lost income from the time you could not return to work if you needed to take care of other necessities
- Pain and suffering damages for any emotional anguish, PTSD, anxiety, fear, mental trauma, and more
- Reimbursement for the trip, vacation, motel fees, and more
How long do I have to file a bed bug claim?In California, the statute of limitations on premises liability claims is 2 years from the date of the injury. If you do not file a lawsuit within this time period, you will not be able to collect any compensation at all and your claim will be void. You should always try to file a lawsuit as quickly as you can so that your evidence does not get lost and so that the defendant does not try to evade the claim.
Find out more about how we can help you. CHAT LIVE with a representative now.There are a few exceptions to the statute of limitations, though. For one, if you were underage at the time of the incident, you will not have to follow the statute of limitations until you turn 18 years old. You also do not have to follow it if the defendant leaves the state for a period of time; you can wait until he returns to adhere to the 2-year limit. The main reason that many claims do not go through is because the individuals forget that they have to adhere to a time limit. Our lawyers will ensure that you do not miss any deadlines and that you will have everything filed well ahead of schedule and on time.