Bed Bug Bite and Infestation Laws – California
The state of California has suffered under a decade long bed bug infestation epidemic resulting in thousands of individuals who have suffered severe bug bites and other detrimental effects to their health. In reaction the state of California as well as county and local government have enacted various laws and ordinances to tackle the bed bug scourge. Below is important legal information for individuals who have suffered severe bed bug bites due to infestations in their hotel/motel rooms or apartment complexes.
Legal Help: Our law firm is dedicated to providing legal representation for victims who have suffered from bed bug bites. All confidential case review and legal consultations are provided with our attorneys free of charge.
California Health and Safety Code Section 17920.3
Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following:
· Infestation of insects, vermin, or rodents as determined by the health officer.
· General dilapidation or improper maintenance.
Appendix 2- California Code of Regulations, Title 25, Chapter 1, Subchapter 1
Section 40. Bedding: In every apartment house or hotel, every part of every bed, including the mattress, sheets, blankets, and bedding shall be kept in a clean, dry sanitary condition, free from filth, urine, or other foul matter, and from the infection of lice, bedbugs or other insects. The bed linen in a hotel shall be changed before a new guest occupies the bed. In every dwelling unit where linen is furnished, the linen shall be changed before a new guest occupies the dwelling unit.
25 CCR § 40 Bedding. State Housing and Community Development- Bedding
Beds in apartments and hotels that supply beds and bedding to renters must ensure that all bedding is clean and free of bedbugs. Linens must be changed before a new occupier occupies the unit. Hotel bedding must be changed before each new guest arrives.
What is the Legal Basis of a Lawsuit Against A Hotel or Apartment Building for a Bed Bug Infestation
The vast majority of bed bug cases are based on a negligence legal theory for establishing liability on the part of a hotel or apartment building owner. There are several elements that need to be shown in order to prove negligence in the court of law.
1. The defendant owed a duty to the injured victim.
2. The defendants breach his duty of care by failing to provide for sanitary living or workplace environment.
3. The breach of the duty resulted in the hotel room or apartment unit being infected by bedbugs.
4. The bed bug infestation resulted in physical harm to the tenant or hotel room guest.
Types of Damages and Injuries That Can be Recovered for bed Bugs Under California Law
Victims of bed bug infestations are legal entitled to receive the following:
6 Comments
need help on bed bugs bites in motel really bab
need help
Hi, I recently stayed at a hotel where I got bitten all over my body by bed bugs. I have pictures of the bites. I had to move rooms, but to a room that is one the same floor as the old one which, I was later informed by a desk employee, they had brought people in to spray for bugs a day or two prior to my arrival. I was not informed of this when I checked in. The new room they moved me to smells bad, and the incident was very disruptive to my trip here for the Electronics Expo, at which I work as a journalist. I leave for Santa Fe today, but I wanted to find out if there was some kind of action I could pursue, especially because they still want to charge me for all but one night of my stay. Would you please let me know if I have a case or if there is some action I could take to recover my money from the hotel? Thank you for your time.
I’m in a motel in Oceanside cal myself and my two young kids are being bitten up on a daily basic we have reported it every employee and housekeeper on the property we have been moved five times out of all employees there’s one that always states and I quto (well what do you want me to do about it that’s not my problem) my two children have been to the hospital twice because of how bad there getting please help me if I have a case thank you
My son n daughter n law and 3 small kids are at a motel now that is infested with bedbugs. They are there for 7 days under the homeless program. The room is infested. She went to the county and county told them to b glad they got a place! And refuses to move them. Noone is helping them. I can assure you they DOD NOT BRING THE BEDBUGS AS THET WERE IN MY HOME THE PREVIOUS 4 DAYS BEFORE NEEDING TO GO TO MOTEL. THE CHILDREN ARE VERY BIT UP. I BELIEVE BECAUSE THEY ARE POOR NOONE CARES. THESE ARE GOOD PEOPLE AND DEFINETELY DONT DESERVE TO BE BIT UP JUST TO HAVE SOMEWHERE TO STAY! PLEASE HELP THEM. THEY ARE IN MARYSVILLE CA. SANDRA FREY IS WHO YOU NEED TO SPEAK WITH. 530-301-5235
I stayed at a motel in Sacramento last night and i woke up itching and covered in bites that were huge red welts. I showed 3 male employees at the front counter right away and they gave me a business card with the managers number and said he would be in at 3 pm am i entitled to a refund