Bed bugs are insects that can cause serious issues for individuals who own or maintain property, which is almost all of us. Bed bugs are a type of insect that feeds on the blood of mammals. This includes humans.
Part of the problem is that adult bed bugs can be hard to spot and identify. They are only about as large as an apple seed, reddish-brown in color, and lacking wings. The bodies are shaped like an oval and flat.
Infant bed bugs, called “nymphs,” are even smaller than adult bed bugs. They are also translucent or yellowish, so, again, difficult to spot. If they have not been fed recently, they are almost impossible to see. The eggs of bed bugs are also hard to see as they are quite tiny and white.
The main problem with bed bugs is that once a place is infested with them, they can be challenging to eliminate. Bed bugs infest homes where families live, hotels, movie theaters, cruise ships, buses, trains, dorm rooms, and any other place where people sit or sleep for extended periods of time. They live in furniture, mattresses, and bed frames. They feed on people while they are sleeping.
The Federal Environmental Protection Agency, the Department of Agriculture, and the Centers for Disease Control and Prevention all classify bed bugs as a public health hazard. A victim of bed bug bites might not know that they have been bitten until they notice the bite marks on their skin. This is because these pests inject a human with an anticoagulant that stops bleeding and an anesthetic which numbs any pain that their bite might cause.
In addition to bite marks, a victim might experience a burning sensation, inflammation, and itch where they have been bitten. Bite marks might look like a rash. If a person is allergic to the bites of bed bugs, they may respond with anaphylactic shock, a swollen tongue, difficulty breathing, fever, blisters, and irregular heartbeat. Some reactions can be permanent, e.g., scarring.
Can I Sue My Landlord for Bed Bugs?
Unfortunately, the answer to this question can become complicated and a tenant should talk to a local New York lawyer.
Per New York laws that address the issue of bed bugs, landlords are legally responsible for maintaining a habitable dwelling place, whether it is an apartment or a house. This is mandated by the “implied warranty of habitability” that is part of every residential lease agreement. A habitable dwelling should include routine pest control and should be free from insect infestation.
The state of New York has a law that mandates that landlords disclose bed bug infestations to prospective tenants before they sign a lease. New York City has a law which requires that landlords provide a “Bedbug Disclosure Notice” to prospective tenants before signing a lease. The notice must report any bed bug infestations in the building and/or the rental unit within the past year.
In addition, in New York City, landlords are required to report infestations annually to the New City’s Department of Housing Preservation and Development (HPD). This is referred to as the “Bedbug Annual Filing,” and every landlord’s filing is accessible to the public. A landlord can be fined for failing to file. Also, landlords must post the most recent bed bug history for a building in a place within the building where all tenants can see it.
A tenant who finds that they are living with bed bugs in their rental housing should get a lawyer consultation to find out what their best course of action would be.
If a tenant informs their landlord that they have a bedbug infestation and the landlord does not act to abate it, the tenant can seek financial compensation. A tenant can sue for up to $10,000 in New York City small claims court. A tenant would be able to seek a larger amount in damages in a civil court.
A tenant can seek money damages to compensate them for the cost of extermination services, all necessary medical treatment, lost wages, and, if the facts justify it, pain and suffering.
Before going to court, a tenant should prepare documentation that supports their claim, such as written complaints, photographs, extermination reports, and medical records. Landlords have been found liable in lawsuits because they knew about infestations but did not act to abate them.
Can I Sue a Hotel for Bed Bug Bites?
A hotel guest who suffers a loss because of an encounter with bed bugs in a hotel room may sue the hotel for negligence in its failure to maintain a clean, safe environment for its customers. A hotel owes their customers a duty of care to ensure that its facilities are free from hazards, including insects.
If a hotel fails to keep its rooms free of bed bugs and a guest suffers losses because they are bitten by the pests, they could sue the hotel for damages to compensate them for the cost of their medical treatment, any lost wages, and their pain and suffering as well.
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What Should I Do if I Discover Bed Bugs?
It can be challenging to rid a place of bed bugs. Eggs can hide in walls, furniture, and carpeting. Getting rid of bed bugs is not a job for amateurs. It requires the services of a professional exterminator.
Professional pest exterminators say that owners and inhabitants of properties must take the following steps as part of the process of getting rid of bed bugs:
- Remove all clutter
- Remove all belongings from closets, shelves, and drawers
- Thoroughly wash all bedding and clothing
- Put washed items in sealed plastic bags to keep them free of another infestation
- Vacuum all carpeting and wash all other flooring.
Inhabitants may have to vacate a space while an exterminator undertakes complete bed bug treatment. They may be able to return on the same day. Or, in especially bad cases, they may be displaced for several days.
Professional exterminators may use heat treatments, fumigation, and special pesticides to completely eradicate bed bugs. They are trained to locate the pests in places we might not expect to find them, such as inside walls and in the seams of furniture. A professional’s services may cost from $500 to $5,000 depending on the scope of the infestation and what has to be done to eliminate it completely.
Thoroughly ridding a place of bed bugs may necessitate disposing of certain items, e.g., mattresses or other padded and upholstered furniture. If the first treatment is not successful, it may all have to be done again. In some states, or pursuant to a lease agreement, a tenant can face fines if they do not cooperate with a landlord’s bed bug control efforts.
What Is the Compensation for Bed Bug Bites Injury?
In bed bug lawsuits against a landlord, hotel owner, or other proprietor of property where an individual has been injured by bed bugs, personal injury laws in New York allow one to recover for both economic and non-economic losses.
Economic losses represent compensation for medical treatment, wages lost if a victim is unable to work, and loss of earning capacity.
Non-economic damages represent compensation for emotional distress and the pain and suffering that often goes along with physical injury.
In addition, a victim might suffer property damage in a case involving bed bugs. A victim might unknowingly bring bed bugs into their home from a hotel room in their suitcase. Eliminating a bed bug infestation from one’s home might involve having to remove and replace expensive furniture and carpeting.
Extermination might even necessitate going behind walls to get at the sources of an infestation. One may have to vacate one’s home for several days to allow a professional exterminator to do its work. The cost of a professional exterminator may be in the thousands of dollars. One may seek compensation for these costs in their lawsuit for negligence.
Should I Consult an Attorney About a Bed Bug Bite Injury Case?
If you have had a bed bug infestation in your rental housing, you want to consult a New York personal injury attorney. LegalMatch.com can connect you to an attorney who knows New York personal injury law. They can investigate your case and determine whether you have the makings of a claim for injury and damage caused by bed bugs.
