Personal injury claims can stem from a wide variety of situations where some party was negligent in their duty to another individual regarding safety and protection.
That reasonable duty of care regarding bed bugs can range from nursing facility treatment to hotel and motel managers who fail to maintain a bug-free environment at their place of business.
While bed bugs are commonly referred to in a comedic sense, it is not funny when they attack because they also hit the victim in swarms long before their host realizes what has happened.
While most individuals only consider legal action in nursing home applications, the truth is that any business offering sleeping or housing accommodations could very well be the target of a personal injury claim when they have failed to maintain adequate standards at the lodging facility.
This also includes apartment complexes. Landlords may actually be more exposed for bed bug injury claims even if they do not always have housekeeping responsibilities because they still have pest riddance responsibilities at all properties.
Even signs of other pests could be material evidence when processing a bed bug personal injury claim.
Signs of Infestation
Bed bugs are generally invisible to the eye of the victim, but there are some signs that their may be problems in a lodging area.
For nursing homes and overnight sleeping areas, signs of blood on linens could be an indication that room supplies and furniture have not been maintained properly or replaced on a regular basis. Furniture such as couches and chairs can also show markings of various types that could indicate the presence of bed bugs.
Landlords normally do not have the responsibility of keeping apartments clean unless it is stated in a lease, but those who offer furnished apartments must still maintain clean facilities, including mattresses and other furniture that is free of infestation.
Bed bugs are common in low rent apartment buildings, and they can easily spread from one apartment to another. This means that multiple renters could have the same bed bug problem.
Why an Experienced Attorney is Absolutely Necessary
Bed bug injury claims are a particular type of legal cases that are strongly defended. It is the requirement of the victim to prove that they have been injured and that the injury is directly connected to the condition of the premises they were occupying.
This means that all successful claims that result in equitable damages must be supported by specific documentation.
Prior cases against a respondent can also help establish within a preponderance of the evidence that the association is valid based on business history.
Insurance company claims adjusters are always involved and regularly even take a case to court, depending on state shared fault laws, and technicalities can matter greatly in a bed bug claim.
The only method of ensuring proper financial recovery for the injuries is having an experienced personal injury attorney who has represented this specific type of premises liability case and knows what to expect from the defendants.
It is never a good decision for any novice injury victim to attempt filing a bed bug injury case personally because insurance company adjusters are often trained legal professionals who know exactly how to circumvent a claim when the claimant does not have experienced legal counsel.
And, the personal injury lawyer that is chosen to represent the case can matter greatly. Always get a personal injury attorney with an excellent track record for handling bed bug cases.