Florida Law protects you from bed bug injuries in Miami Hotels
Miami plays host to more travelers than almost any beach vacation destinations in the United States. The warm weather attracts travelers from all over the world. Understandably, with the millions of visitors Miami hosts every year at its hotels and vacation rentals, injuries occur. Bed bugs thrive more in warm climates which is something Miami enjoys all year round. With increased travel and warm weather, comes the risk of bed bugs hitching a ride. Some of these injuries occurring on hotel premises are the result of bed bug bites. Hotels have a duty to protect you from injuries caused by bed bugs.
Florida hotels are regulated by Florida Law. Florida proscribes a specific duty to protect or “Duty of Care” towards hotel guests and other public visitors from dangers that may arise on the premises. The title of the chapter is “Public Lodging and Public Food Service Establishments”.
Florida Law about Cleanliness in Hotels
This statute provides the rules and regulations which hotels and restaurants must follow in order to legally operate. Florida Chapter 509 reads:
“Each transient establishment shall provide each bed, bunk, cot, or other sleeping place for the use of guests with clean pillowslips and under and top sheets. Sheets and pillowslips shall be laundered before they are used by another guest, a clean set being furnished each succeeding guest. All bedding, including mattresses, quilts, blankets, pillows, sheets, and comforters, shall be thoroughly aired, disinfected, and kept clean. Bedding, including mattresses, quilts, blankets, pillows, sheets, or comforters, may not be used if they are worn out or unfit for further use.”
Miami Bed Bug Injuries Occur When Hotels Fail their Duty to Protect You
Miami hotels owe a duty of care to people on hotel property depending on the visitor’s status. Florida recognizes three status designations. They are: Invitee, Licensee and Trespasser.
A person invited onto a property is an “Invitee”. There are two types of invitees; Public Invitees and Business Invitees and can enter a property for the purpose it is held open to the public. An example of a public invitee in the case of a bed bug bite injury would be a hotel guest. A business invitee enters or remains on property related to some business with the owner or manager. An example of a business invitee would be an employee or a salesperson.
Hotel Guests Have the Highest Level of Protection Under the Law
Invitees receive the highest level of legal protection. Hotels are responsible for keeping their guests safe. Hazardous conditions require identification and fixing. In the case of a bed bug infestation at a hotel, the hotel has a duty to inspect for and eliminate bed bug infestations. There are many ways for hotels to accomplish this; however the great majority of them fail. Housekeeping staff are the first line of defense against the spread of bed bugs. Housekeeping staff members are guilty of failing to inspect the beds. It is common that staff members fail to complete their work up to appropriate standards. This leads to many bed bug infestations going undetected when a simple inspection would have identified the problem early on. Injuries happen when hotels fail to properly inspect their rooms.
Other Status Designations Under Florida Law Receive Less Protection
Licensees and Trespassers are not likely to encounter bed bug infestations, which most often occur in the hotel rooms. Florida law assigns Licensees a lesser duty of care than Invitees.
Florida law assigns the lowest level of protection to Trespassers. A Trespasser is someone who is on a property without any permission. A trespasser designation is worse than any other. Florida law will view a person as a trespasser depending on a number of factors. Hotels do not want injured people to obtain the status of an invitee. We have worked on cases where hotels argue our client was a trespasser. To stop this, always make sure to keep copies of your receipts or proof of reservation when attempting to file a claim for bed bug injuries against a hotel.
Contact an Experienced Miami Bed Bug Injury Attorney
Miami hotels experience continue to experience more bed bug infestations than most locations in Florida. Bed bug infestations in Miami are on the rise. We have represented more bed bug claims than any other law firm Florida.
We are available any time to discuss the particular facts of your case. If you think you have been injured by bed bugs at a hotel, you can visit www.bedbuglaw.com/do-i-have-a-case to upload photos, videos and a summary of what happened to you.