Anaheim Bed Bug Lawyer
Whether you are staying in an Airbnb, a hotel, or even your own apartment, you never expect to suffer harm from a bed bug infestation. Bed bugs are notorious hitchhikers and they feed off warm-blooded hosts, such as humans and their pets. Even after a person has left an infested property, they may bring the insects back home with them, or wherever else they may go. If you have sustained injuries due to a bed bug infestation, you may be able to file a claim for financial compensation. Below, our Anaheim bed bug lawyer outlines the legal premises you may be able to use when filing a claim.
Bed Bug Claims Based on NegligenceLandlords, hotel management, and other property owners can be held liable for bed bug injuries if you can prove the following elements of your claim:
- The owner of the property owed you a duty of care,
- The property owner failed to take action another reasonable person would have or acted in a way a reasonable person would not,
- The property owner’s action or inaction caused your injuries, and
- The harm was foreseeable and the property owner should have known the potential harm the insects could cause.
Property owners have a duty to take the necessary steps to make sure they are not renting or leasing a property with a known bed bug infestation. If property owners do not take reasonable care to prevent an infestation from occurring, they can also be held liable. For example, hotel management should regularly inspect rooms to ensure bed bugs are not present.
Bed Bug Claims Based on the Warranty of HabitabilityDepending on the circumstances, it may also be possible to file a claim based on the breach of the warranty of habitability. Under the California Civil Code, property owners must make sure their premises are in habitable conditions, meaning they are safe and suitable to live in and they do not contain any defective conditions that could put the safety and well-being of occupants at risk. Under the Code, all properties must be free from the following:
- Debris
- Filth
- Rubbish
- Garbage
- Rodents
- Vermin
In order to use the breach of warranty of habitability, the following elements must be proven:
- A defective condition was present on the property and negatively impacted the habitability of the property,
- The landlord was given notice within a reasonable amount of time after the condition was discovered,
- The landlord did not correct the defective condition within a reasonable amount of time, and
- You suffered injuries due to the defective condition.
Like any other personal injury claim, it is very hard to prove cases that involve bed bugs. A bed bug attorney in Anaheim can determine the best type of claim to file and help you prove every element of your case.
Contact Our Bed Bug Lawyer in Anaheim for Legal AdviceAt Brod Law Firm, our Anaheim bed bug attorney knows how to prove your case so you obtain the full and fair damages that are rightfully yours. Call us today at (800) 427-7020 or reach out to us online to schedule a free consultation so you can get the legal advice you need.