Can I be compensated for my injuries and out of pocket expenses I have incurred as a result of a bed bug infestation?
YES, in most instances. There are many different legal theories that allow for a victim of a bed bug infestation and/ or attack to be compensated for their injuries, lost wages and related out of pocket expenses due to the actions or inactions of a hotel, motel, furniture store (new, used or rental), landlord or any business. The causes of actions that may apply depend on the state laws that will be applicable to your case. Each state has different laws and remedies. Most States allow for bed bug lawsuits and claims to be brought under the below legal theories:
- Fraudulent concealment
- Warranty of habitability
- Consumer protection law violations
- Punitive damages
- Breach of city or county local ordinances and regulations
- Department of health violations
- Violations of the department of business and professional regulations
- Public health codes, housing preservation codes and department of building codes
If your case can be proven, then you can receive compensation and reimbursement in the form of past, present and future pain and suffering for physical and mental injuries; lost wages; property damage in the form of discarded clothing, furniture, or carpet in the home and any items discarded as a result of the bed bug infestation; reimbursement for extermination services, transportation costs, and reasonable out of pocket expenses associated with the infestation; medical expenses in the form of hospital, doctors appointments, allergy treatments, prescriptions, and medical treatments; loss of consortium; and punitive damages.