Daily Archives: November 26, 2020

Updated November 15, 2020

California law allowspeople to file a premises liability lawsuit if they are bitten by bedbugs while renting property or staying in a hotel. Damages renters and hotel guests can sue for include:

To recover damages for bedbug bites, a renter or hotel guest will usually need to prove that:

A renter may also be able to get a court to award an injunction forcing a landlord to exterminate bedbugs.1

To help you better understand claims against landlords and hotel owners for bedbug injuries, our California personal injury lawyersdiscuss the following, below:

In California, landlords and hotels are generally liable for bedbug injuries or infestations when:

Claims against landlords and hotel owner/operators are most often based on one or more of the following theories:

Lets take a closer look at each of these legal bases for bedbug liability in California.

A landlord or hotels negligence for bedbug injuries occurs when:

The duty of care owed by landlords

Landlords must use reasonable care to protect people who come onto their property.

Reasonable care includes:

Therefore, under California law, a landlord may be found negligent for:

Example:In 2017, a Los Angeles jury awarded $3.5 million to 16 current and former tenants of the Park La Brea apartment complex. The jury found that the landlord knew the building was infested with bedbugs but failed to warn new tenants.

The plaintiffs were awarded between $44,000 and $580,000 each for damages such as sleeplessness, anxiety and humiliation at work.4

Property owners in California have a general obligation to maintain their properties in a habitable condition.5

Habitable means suitable and fit for a person to live in. A habitable property is free of defects that endanger the health and safety of occupants.6

The California Civil Code also imposes certain specific obligations on landlords. These include keeping areas under the landlords control clean, sanitary, and free from accumulations of:

Elements of a claim for breach of warranty of habitability

To recover damages for breach of the warranty of habitability, a tenant must show that:

Example:In 2017, a tenant in the Pacoima neighborhood of Los Angeles won a $465,600 jury verdict against his landlord. The jury found that the landlord had ignored the tenants complaints, even after a Los Angeles County Department of Environmental Health inspector cited the building for a bedbug infestation.9

Breach of contract is often used by commercial tenants in bedbug cases in California.

This is because damages for breach of contract can sometimes include consequential damages, such as lost business revenue.10

Residential tenants may also claim breach of a lease contract to claim damages caused by bedbugs.

But it is usually not necessary since the California Civil Code imposes a duty on landlords to make premises habitable.

The elements of a breach of contract claim

To establish a breach of contract claim in California against a landlord, a plaintiff must show:

Does the contract have to be in writing?

A lease agreement does not need to be in writing in order for a tenant to sue for breach.

But the tenant must be able to prove that there was a term in the contract that was breached. This is far easier to do with a written contract.

Other ways of proving a contract include the testimony of the tenant and other witnesses, if any.

To establish a private nuisance claim against a landlord in California, a tenant must show that:

Example: In 2015, Extended Stay America agreed to pay $8,500 to a woman and her daughter. The plaintiffs claimed that during a nine-day stay at the companys hotel in Ontario, California they were repeatedly bitten by bedbugs and head lice and got welts. Private nuisance was just one of the theories the plaintiffs raised to support their claim for damages.13

In rare cases, a bedbug infestation may allow a tenant to sue for intentional infliction of emotional distress in California.

The main advantage of suing on this basis is to recover punitive damages. In California, punitive damages can normally not be recovered for ordinary negligence.14

The elements of an emotional distress claim

To recover for intentional infliction of emotional distress, the plaintiff must show that:

Proving recklessness may be difficult to do in an infestation case, but it is not impossible.

Example:In 2017, a jury awarded $546,500 to a family bitten by bedbugs during their stay at a hotel in Rancho Cucamonga.16The suit claimed that the hotel had a history of bedbug problems but failed to take adequate steps to remedy them. The verdict included a $50,000 punitive damages award for intentional infliction of emotional distress.

Bedbugs also known as Cimex hemipterus like to hide in soft materials such as fabric and cardboard.

Damages for hotel bed bug bite injuries in California can include:

In appropriate bed bug claims, a tenant may also be entitled to an award of punitive damages. Punitive damages exist to punish especially blameworthy defendants and serve as a negative example to others.17

In bedbug cases, punitive or exemplary damages are typically awarded only when:

Some landlords include a bedbug waiver in their lease agreements. This is a clause saying that:

But under California law, a tenant cannot be required to waive the landlords duty of habitability. So any purported bedbug waiver in a lease or rental agreement is void and cannot be enforced. The tenant could still get a bed bug settlement.19

People who stay in short-term rental properties (such as through Airbnb) can sue the homeowner for bedbug bites. But they will have a hard time recovering damages from the rental website.

Standard language in the contracts between short-term rental companies and property owners often excludes damages for bedbugs.

Although some rental sites including Airbnb offer protection policies to hosts, these policies do not cover damages from insects.20Nor does Airbnb have a policy requiring a host to refund money in this situation.21

Doesnt the hosts homeowners insurance cover bedbug damages?

Generally not. Most homeowners insurance policies do not cover business activities operated out of a home.

So while people who book a property through Airbnb can sue the homeowner directly, it will usually not be backed up by an insurer. This can make it difficult to recover damages, especially for someone from out of state.

Property owners in California may be able to sue if a renter is responsible for a bedbug infestation. But because bedbug infestations often go undetected, proving that a tenant was responsible can be very challenging.22

Remember proving negligence involves showing four things:

A tenants duty of care to a landlord

Tenants in California have a legal duty to keep premises they rent clean and sanitary.24A breach of this duty is considered negligence under Californias negligence per se law.

But even if the tenant breaches this duty, it does not prove that the tenant was responsible for the bedbugs.

As discussed above, bedbug infestations can easily go undetected. And the plaintiff bears the burden of establishing causation by a preponderance of the evidence.

Preponderance of the evidence means it is more likely than not that the defendant was responsible for the damage. If the jury cannot decide, it must find in favor of the defendant.25

Bedbugs are parasitic insects that feed on the blood of humans. Fortunately, they are not known to transmit diseases.26

Adult bedbugs are brown, flat, oval-shaped and the size of an apple seed. After feeding on blood, bedbugs swell and turn reddish in color. Bedbugs hide when they are not feeding.

Some humans show no reaction to being bitten by bedbugs other than two small dots where the bedbugs have punctured their skin. Those who are more sensitive may develop reddish bumps or lesions on their skin within 12 hours of being bitten.27

The bumps/lesions tend to swell and become itchy within 24 to 48 hours. If scratched, they can become infected. In rare instances, people have experienced systemic allergic reactions to bedbug bites. Allergic reactions can include asthma, generalized hives, and anaphylactic shock.28

A study conducted by scientists in Montreal also found a link between bed bug infestation and symptoms of sleep disturbances and anxiety.29

Bedbugs often hide behind headboards and in the seams of mattresses and box springs.

It is unlikely that someone will catch a bedbug in the act of biting, and not just because they normally attack while people are sleeping. When they bite, bedbugs inject a substance that prevents people from feeling the bite.30

Someone who suspects that bedbugs may be present should look for the following signs:

Experts recommend removing all bedding and the dust cover on the bottom of the box spring to check for bedbugs and signs of their excrement. They also advise checking the area around the bed, including books and electrical outlets.

Renters and hotel guests who have been bitten by bedbugs should take the following steps in order to preserve their right to make a claim:

Are you the victim of bedbugs in your hotel room or apartment building, we invite you to contact our law firm for a free consultation and legal advice.

Our bed bug lawyers create attorney-client relationships throughout the state in California. Complete the form on this page to discuss your case with an experienced California personal injury lawyer.

Disclaimer: Past results do not guarantee future results.

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Bed Bugs Lawsuit - Can I sue a hotel or landlord?