Bed Bug Claims: Bringing and Defending Suits Against Hotels, Landlords, Airbnb Owners, Manufacturers, and Sellers

Description

Environmentally driven changes in pesticide use have reawakened a threat long thought destroyed. Cimex lectularius--the common bed bug--has been causing injuries in hotels and other rental properties at an alarming rate. Six- and seven-figure verdicts and settlements are not unusual. Thus, whether pursuing or defending these claims, trial counsel must be entirely up to speed on the issues.

One element of complexity concerns the varying duties owed by potential defendants, ranging from long-term landlords to short term Airbnb type arrangements. Manufacturers and sellers of furniture--particularly used furniture--also face exposure. Legal issues concern negligence; the warranty of habitability; causal connections; duty to mitigate and remediate; abatement of rent; right of access; cost-sharing and shifting; proof of injury; and the scope of legally-cognizable damages.

There are practical aspects to bringing and defending these claims. Because it can take several days for a bite to manifest itself, an injured party traveling from city to city may not know where the attack occurred and certainly is in no position to preserve evidence. Property owners, on the other hand, must take care to regularly document efforts to detect and respond to bed bug issues.

Listen as this panel of bed bug litigation veterans defines the issues raised by these claims, discusses the applicable law, and reviews the steps necessary to bring or defend a claim.