Oakland Bed Bug Lawyer

Whether you are visiting Oakland and staying in an Airbnb or a hotel or you are renting an apartment in the city, you do not expect to suffer damages caused by bed bugs. Bed bugs are known hitchhikers, and infestations spread to different places very quickly. Once an infestation has taken hold of a space, it is extremely difficult to get rid of. If you have been injured or suffered losses due to a bed bug infestation, you may be able to file a claim for compensation. Below, our Oakland bed bug lawyer outlines the two types of legal claims you can file.

Filing a Bed Bug Lawsuit Based on Negligence

You can file a claim against a landlord, hotel management, or property owner if their negligence caused you to suffer injuries due to bed bugs. When filing a lawsuit based on negligence, you must prove the following elements of your case:

• The defendant owed you a duty of care,
• The defendant did not take actions that a reasonable person would have, or took action a reasonable person would not have,
• The inaction or action of the defendant caused you harm, and
• The harm was foreseeable, meaning the defendant should have known of the harm bed bugs cause.

Property owners have a legal duty to make sure any premises they are renting or leasing do not have a bed bug infestation. When an infestation exists, landlords are prohibited from renting the space. Property owners must also take reasonable steps to prevent a bed bug infestation from developing.

Filing a Bed Bug Lawsuit Based on Breach of Warranty of Habitability

Filing a bed bug lawsuit based on breach of warranty of habitability may be more appropriate in certain circumstances. Property owners have a legal obligation to make sure their properties are in a habitable condition. Habitable means the property is safe and suitable for a person to live in and that there are no defects that can place the health and safety of tenants and guests in jeopardy.

The California Civil Code requires landlords to keep rental units free from the following:

• Debris
• Filth
• Rubbish
• Garbage
• Rodents
• Vermin

Similar to filing a bed bug lawsuit based on negligence, you must prove certain elements of a claim based on a breach of warranty of habitability. A bed bug attorney in Oakland can help you determine how to proceed. You will need to prove the following elements:

• A bed bug infestation was present on the premises and made the property uninhabitable,
• After discovering the bed bug infestation, you provided notice to the landlord within a reasonable amount of time,
• The landlord did not try to eradicate the bed bug infestation in a reasonable amount of time, and
• You suffered losses due to the bed bug infestation.

Regardless of the type of lawsuit you file, these claims are never easy. It is important to obtain legal help so you recover the full compensation you deserve.

Our Bed Bug Lawyer in Oakland Can Prove Your Claim

If you have been injured by bed bugs, our Oakland bed bug attorney can help. At Brod Law Firm, our experienced attorney can prove the different elements of your case so you obtain the maximum compensation possible. Call us now at (800) 427-7020 or connect with us online to request a free consultation.

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