Monthly Archives: January 2020

It is a pleasure to write an article about contemptible blood-sucking scoundrels . . . who are not lawyers.

That is because todays question is Who Is Responsible For Bed Bugs?

Bed Bugs are parasitic insects that feed exclusively on blood. Cimex lectularius, the common Bed Bug, is the best known as it prefers to feed on human blood. When it does, it leaves behind itchy bites and welts as well as an overwhelming desire for revenge.

So, from whom can bite victims get revenge?

There are actually two legal questions we should discuss: (1) who is responsible for exterminating Bed Bugs and (2) who can be responsible for harm that the Bed Bugs cause to people or property?

Who has the duty to exterminate Bed Bugs depends on where you live. That is, the law varies from jurisdiction to jurisdiction.

Many states and local governments have imposed a duty on landlords to maintain their buildings free of rodents and vermin or, in some cases, specifically to exterminate Bed Bugs. But in some locations, the landlords responsibility to exterminate only arises if more than one unit is infested.

If you have a Bed Bug infestation, before trying to figure out your jurisdictions law on this subject, look at your lease which may make extermination your landlords responsibility. Remember to look for terms such as rodents and vermin as well as just Bed Bugs. If there is no answer in your lease, there may be a local housing or health department that is familiar with local law and can help you. Of course, you can also consult a lawyer who can determine the law in your area and protect your legal rights.

There are a number of legal theories that can be a basis for a legal claim against your landlord for harm done by Bed Bugs.

You can make a premises liability claim. More specifically, you can claim that your landlord was negligent by allowing the condition to exist or by failing to warn you of the danger.

There is also a doctrine in the law called the implied warranty of habitability. Under this doctrine, every residential lease is presumed to include a warranty that the premises are fit for human habitation. If Bed Bug infestation makes your property uninhabitable, you can sue your landlord for damages.

The Maryland Consumer Protection Act also gives a new tenant who moves into an undisclosed bed bug infestation a right to receive damages.

Of course, you have to prove any claim you make to receive a legal remedy. Proof of a Bed Bug problem could include such things as preserving the Bed Bugs themselves, making photos of the infestation and making photos of the bite marks and welts that the Bed Bugs caused.

If there is evidence that the landlord knew of the infestation when you moved in, the landlord could be liable not only for compensatory damages but also for punitive damages.

In May, 2013, an Annapolis jury awarded a 69-year-old woman $800,000, $650,000 of which was punitive damages, for bites, lesions and the resulting scarring she suffered as a result of Bed Bugs that the landlord knew about before she moved in but took no action to eliminate.

If you can prove that your Bed Bug infestation originated from a neighbors premises, you could sue that neighbor under the legal doctrine of private nuisance. Nuisance means that if you use your property in a way that interferes with my right to use my property, you may be liable for damages.

Here, also, you have to prove your claim, and it might be difficult to prove that your Bed Bugs came from your neighbors property. That is, unless the Bed Bugs agree to testify.

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**This article is designed to provide helpful information that can be read within 2 minutes. It is neither a full explanation of this subject nor legal advice. To learn more, and to get legal advice on which you can rely, contact me or another lawyer.

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Maryland Injury Law Advisor Who Is Responsible For Bed Bugs?

Australia's government said Monday it was willing to pay "whatever it takes" to help communities recover from deadly wildfires that have ravaged the country.

Prime Minister Scott Morrison said the government was committing an extra 2 billion Australian dollars ($1.4 billion) toward the recovery effort in addition to the tens of millions of dollars that have already been promised.

"The fires are still burning. And they'll be burning for months to come," Morrison said. "And so that's why I outlined today that this is an initial, an additional, investment of $2 billion. If more is needed and the cost is higher, then more will be provided."

Morrison's announcement of the funds, which will go toward rebuilding towns and infrastructure destroyed by the fires, came as the death toll from the disaster rose with the discovery of a body in a remote part of New South Wales. The body is believed to be that of a 71-year-old man who was last seen on New Year's Eve moving equipment on his property on the state's south coast, police said in a statement. Police found the body on Monday between the property and a car, both of which had been destroyed by fire.

Another person in southern New South Wales was reported missing, New South Wales Premier Gladys Berejiklian said.

Nationwide, at least 25 people have been killed and 2,000 homes destroyed by the blazes, which have so far scorched an area twice the size of the U.S. state of Maryland.

Rain and cooler temperatures on Monday were bringing some relief to communities battling the fires. But the rain was also making it challenging for fire crews to complete strategic burns as they tried to prepare for higher temperatures that have been forecast for later in the week.

Australia's capital, Canberra, had the worst air quality of any major city in the world for much of Monday. The Department of Home Affairs, which is responsible for coordinating the country's response to disasters, told all noncritical staff to stay home because of thick smoke choking the city.

The prime minister said the military was attempting to get food, fuel and water to burned-out communities, and engineers were working to reopen roads and resupply evacuation centers. On Kangaroo Island, a refuge off the coast of South Australia state for some of the country's most endangered creatures, teams had arrived to help euthanize livestock and wild animals injured in the blazes. Hundreds of millions of animals are believed to have died already in the fires across the country.

Heavy smoke, meanwhile, was hampering the navy's efforts to airlift people out of Mallacoota, a coastal town in Victoria cut off for days by fires that forced as many as 4,000 residents and tourists to shelter on beaches over the weekend. Around 300 people were still waiting to be evacuated on Monday.

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Your daily 6: Iranians vow revenge, bedbugs freed in Walmart and Golden Globe awards and red carpet - Journal Times