Bed Bugs - “Itching For Legal Relief”
Hotels and motels are beginning to be held liable in tort for their negligence in failing to protect customers from known bed bug infestations. Bed bugs are making a comeback in the United States for several reasons which include, increasing international travel, more conservative use of pesticides and the failure of hotels and motels to take appropriate and effective steps to eliminate known infestations. The conduct of some hotels and motels amounts to gross negligence.
I recently read a U.S. Court of Appeals (7th Cir) decision affirming a punitive damage award of $196,000.00 each to a brother and sister against a hotel chain. The facts of the case were egregious because the management of the 200 room hotel knew they had a serious infestation, did little to eliminate the problem and continued to rent rooms that had been put on their “Do Not Rent” list. The Court held the hotel’s failure to either warn guests or take effective measures to eliminate known bedbug infestation amounted to fraud.