Bed bug infestations can be incredibly traumatizing. These resilient insects can infest clothing, mattresses, and even travel luggage. They are known to leave itchy welts on individuals and can be incredibly difficult to get rid of, some of the techniques requiring the complete removal of infested items. If you or a loved one have suffered from a bed bug infestation in South Carolina as a result of the negligence of a landlord, hotel owner, property manager, or property owner, you may be able to claim significant monetary compensation for the damages you have suffered. However, when filing a claim against a property owner for failing to take care of a bed bug infestation adequately, it is highly recommended that you seek legal guidance from an attorney who is well versed in the subject of bed bug laws in South Carolina. At Normandie Law Firm our skilled bed bug infestation lawyers can guide you through the process of building a case, filing a claim and reaching a settlement that satisfies all the damages suffered. Our lawyers are also well aware of the bed bug laws in South Carolina and can help you navigate them to your case. If you have any questions after reading this article, please feel free to reach out to our law offices for a free consultation from one of our many skilled legal advisors.
What are Bed Bugs?
Bed bugs are known as small brown insects that feast on the blood of humans and other animals. They tend to hide out in clothing, the seams of mattresses, and other furniture. Often they go undetected, due to their size, elusiveness, and the fact that evidence of their bites takes some time to show up. By the time an individual may be aware of a bed bug infestation, they may find it incredibly difficult to eradicate the spread of these insects fully. The best way to ensure a more effective removal of a bed bug infestation is to act as soon as possible. While these infestations can be hard to detect, these bugs leave all kinds of evidence of their presence. Some of the common characteristics involved in bed bug infestations are bulleted below for your reference:
- Sheets, pillowcases, or comforter stained with blood
- Signs of bed bug activity, like fecal spots, egg shells, or skin
- A harsh odor in your bedding, caused by the bed bugs scent glands
- Dark spotting on bedding or clothes. This is usually caused by bed bug waste.
If you have discovered a bed bug infestation in your home, apartment, or hotel room, certain cleaning treatments can be implemented to mitigate the spread of these creatures. However, it is important to note that in some cases, an infestation can be so extensive that you may need to hire a pest control service to eradicate the infestation. Some of these common treatments are bulleted below:
- A detailed cleaning of bedding, curtain, and clothing. This can consist of washing in hot water, or dry them on the highest setting.
- Scrub folds of the infested mattress to remove bed bugs and any potential egg sites
- Use a vacuum to detail your bed and the surrounding space. You may need to do this more than once.
- Purchase a mattress cover to seal off the mattress and box springs. This will ensure the bedbugs can’t escape. However, you may need to keep this case on for an extended period, as bed bugs can survive a year without feeding.
Often a bed bug infestation can be so widespread that victims must completely remove the affected products. Things like mattresses, clothing, and other furniture can be thrown out as a result of a bed bug infestation, and as a result, leave victims with extensive monetary damages. Fortunately, if you or a loved one have suffered from a bed bug infestation as the result of the negligence of a hotel owner, property owner, or landlord you may be able to sue these parties for their actions. In certain cases, a property owner can be held liable for the damages caused by a bed bug infestation. However, when filing these lawsuits, it is highly recommended that you are well-aware of South Carolina bed bug laws. These laws can make the difference between earning full compensation for your damages, and have your case dismissed from court entirely.
South Carolina Bed Bug Laws
Filing a bed bug infestation lawsuit can be somewhat complicated as South Carolina bed bug laws state that a lawsuit can be filed depending on who was responsible for the infestation. If a bed bug infestation was caused by a tenant or patron, it is unlikely that they will be able to sue the landlord for the damages. Unfortunately, South Carolina doesn’t have many laws regarding bed bug infestations. However, there are laws that state a landlord or property owner must notify a tenant of a bed bug infestation before signing a lease or renting a room. If it is found that a landlord failed to notify a tenant of an infestation and they suffered damages. As a result, that tenant has every right to sue their landlord for the damages. If an infestation is found, caused by the negligence of a landlord, the landlord in question is also expected to pay for an exterminator service to help eradicate the infestation. If they fail to do so or put the burden of purchasing a pest control service on the tenant, the tenant may be able to sue for financial compensation. However, as stated before, the process of suing a landlord for a bed bug infestation can be quite challenging to take on alone. For this reason, it is highly recommended that you seek legal representation from an attorney who is well-versed in the subject of premises liability and how it applies to landlords and property owners in bed bug infestation cases.
Bed Bug Lawsuits and Premises Liability
Premises liability is defined as a legal theory that all property owners and business owners can be held under. Premises liability essentially states that property owners are expected to provide a reasonably safe and secure environment for their patrons and customers. If said property owner fails to uphold this expectation, an injured tenant or guest has every right to sue that property owner for the damages. This is especially true of landlords in bed bug infestation cases. If a landlord rents a bed bug infested room or apartment to a tenant, and they fail to notify the said tenant of the infestation, that landlord can face the full legal consequences. Some aspects of a premises lawsuit filed under premises liability are listed below:
- There was a hazardous condition or potentially dangerous condition on the property, like broken concrete or a wet floor, that presented an unreasonable risk of harm.
- The property owner should have been aware of the dangerous condition
- The property owner failed to either warn guests of a reasonable condition and did not take reasonable action to remedy the issue.
- The hazardous condition resulted in the injury of a tenant or patron.
At the core of every premises liability lawsuit is substantial evidence. This evidence can be used to prove the actions of a property owner and can detail their liability in a case. Without substantial evidence, it is unlikely that your case will reach a successful settlement. For this reason, having evidence to support your claims plays a crucial role in determining your eventual settlement. Some forms of evidence that could be used in your bed bug infestation case are listed below:
- Photographs of the bite wounds
- Photographs of the infested mattress or bedding
- Medical expenses from required treatment
- Extermination billing
- Expenses of purchasing a new mattress, replacement clothing, or other infested items.
After you’ve collected adequate evidence, you are often expected to use this evidence to prove the negligent actions of a landlord or property owner. You must also be able to show that the property owner’s specific actions led to your damages. This is often considered a claim of negligence. While every claim of negligence is different, certain aspects remain unchanged amongst all cases. Listed below are some of these key elements:
- Duty: The plaintiff (injured or damaged party) must be able to show that the defendant (property owner) owed a legal obligation to the plaintiff under the particular circumstances of the case.
- Breach: The plaintiff must be able to show that the defendant breached said legal duty through specific actions or failure to act appropriately
- Causation: The plaintiff must be able to show that the defendant’s actions or lack thereof caused the plaintiff’s injuries
- Damages: The plaintiff must be able to show that they endured some specific damages. This aspect can usually be shown through the presentation of medical records, a loss of wages, or a loss of potential income.
Filing a claim of negligence and more importantly a lawsuit against your employer for a bed bug infestation can be somewhat challenging. Often landlords and property owners have the resources to employ a whole team of legal experts ready to dispute your case. For this reason, it is highly recommended that you seek legal guidance from an attorney who is ready and willing to fight for your case. Having the right attorney by your side can make the difference between earning a settlement to cover all of your damages, and having your case thrown from court entirely.
How Normandie Law Firm Can Help
Being bitten by bed bugs at a hotel, apartment complex, or even your home can be incredibly traumatic. A bed bug infestation can also cause significant monetary damages as the expenses needed to replace furniture and hire a skilled exterminator can be difficult to bear alone. For this reason, if you or a loved one have suffered from a bed bug infestation, you may be eligible to file a claim for significant monetary compensation. With the help of our premises liability attorneys at Normandie Law Firm, you can earn the compensation you deserve for the damages you and your loved ones have suffered. If you file a claim, you may find some if not all of the following damages compensable to you:
- All of you medical and hospitalization costs
- All of your future medical care and treatment
- A loss of income and loss of future earnings due to long-term recovery or permanent disability due to the accident
- Compensable economic damages include loss of property or damaged property.
- Compensable non-economic damages include emotional distress, trauma, PTSD resulting from the accident, pain and suffering and anxiety.
Victims of bed bug infestations can contact our law offices to learn more about how to receive compensation. While our law firm is based in Los Angeles, our attorneys also practice in Charleston, Columbia, Myrtle Beach, Greenville, Hilton Head Island, Spartanburg, Clemson, and throughout the state of South Carolina.
Free Second Opinions
Other attorneys will sign you up for their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
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If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.
