Under what circumstances can a claim or lawsuit be brought against a hotel or motel for not informing a guest about a bed bug problem?
There are many legal theories under which a claim or lawsuit can be pursued against a hotel or motel for injuries sustained as a result of a bed bug infestation. Hotels must take reasonable actions to prevent bedbugs from attacking humans and damaging personal property. If you have been attacked by bed bugs while at a hotel then there is a high likelihood that you have a claim for compensation. Most bed bug claims are brought under the legal principles of negligence, fraudulent concealment, battery, and consumer protection law violations. Negligence is generally defined as the failure to use reasonable care. Reasonable care is the degree of care that a reasonably careful person, store owner, or property owner would use under similar circumstances.
A hotel or motel owes its guests or invitees the duty to exercise reasonable care in maintaining the premises in a reasonably safe manner and the duty to warn of concealed dangers, such as bedbugs, that are or should be known to the hotel or motel and that are unknown to the guests.