Hotel Bed Bug Infestations: Premises Liability Claims in California

Bed bugs are a growing problem for hotels and motels across California. When guests are bitten by bed bugs during their stay, they may have grounds to file a premises liability claim against the hotel. Hotels have a duty to keep their premises reasonably safe for guests. This article examines hotel liability for bed bug infestations and how guests can pursue compensation in California.

Hotel’s Duty of Care to Guests

In California, hotels owe a duty of care to guests to keep the premises reasonably safe. This includes taking steps to control pests like bed bugs. If a hotel fails to prevent or properly address a bed bug infestation, it may be considered negligent. Guests who suffer harm like bed bug bites could have a premises liability claim against the hotel.

To succeed on a claim, the guest must show:

• The hotel owed a duty of care to keep the premises reasonably safe
• The hotel breached this duty through negligence (allowed bed bugs due to poor cleaning, maintenance, etc.)
• The guest suffered actual harm or damages from bed bug bites
• The hotel’s negligence directly caused the damages

Hotels are not strictly liable for bed bugs – the guest must prove the bugs were there due to the hotel’s negligence. Regular and thorough pest control measures can help hotels demonstrate reasonable care.

Damages in Bed Bug Lawsuits

If a guest proves the elements of a premises liability claim, they can recover damages from the hotel. Typical damages may include:

• Medical expenses to treat bed bug bites and reactions
• Costs of pest control treatment when bugs are brought home
• Lost wages if they are unable to work due to discomfort from bites
• Pain and suffering
• Hotel reimbursement for the costs of the infested room

Pursuing a Claim

Guests should document bed bug bites with photos and statements from others who witnessed the bugs. Save any dead bugs in a sealed bag as evidence. Notify the hotel in writing about the infestation and request reimbursement for damages. Hotels may be more likely to settle a claim when presented with strong evidence.

If the hotel refuses to settle, the guest can file a lawsuit. Small claims court handles cases up to $10,000 in California. For larger claims, file in civil court. Consulting a premises liability attorney can also help maximize compensation.

Preventing Bed Bugs

Hotels should take proactive measures to detect and control bed bugs before they spread. This includes:

• Regularly inspecting rooms for signs of bugs
• Using pest control professionals for treatment
• Training housekeeping staff on identifying bed bugs
• Sealing cracks and crevices where bugs hide
• Washing linens in hot water and drying on high heat

By taking bed bug prevention seriously, hotels can avoid costly litigation and protect the health of guests. Bed bugs are a persistent problem, but diligent pest control and inspections can limit infestations and liability.

Have you been affected by bed bugs while staying in a California hotel? If you have, you need to get in touch with us today to discuss a premises liability claim for your pain and suffering. Visit one of our offices at the following locations:

• 10 Commercial Blvd, #206 Novato, CA 94949
• 75 Broadway #202, San Francisco, CA 94111
• 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403

Call us today for a free consultation on (415) 897-4801.