If you or a loved one have suffered the damages caused by a bed bug infestation in the state of Missouri you may be eligible to file a claim for compensation against the party responsible. Bed bug infestations can be incredibly damaging, as they can often involve the removal of furniture and the hiring of a skilled pest control service. These damages can leave victims with a significant monetary burden. A bed bug infestation can also result in damages to an individual’s health as well, which can require extensive medical treatment in order to reach a full recovery. For this reason, it is highly recommended that you seek legal guidance from an attorney well-versed in the subject of bedbug laws in the state of Missouri. Having an attorney that understands these laws by your side and committed to reaching a successful settlement can make all the difference in the outcome of your case. Our attorneys at Normandie Law Firm our have expertise in bedbug laws in Missouri and can guide you through the process of building a case, filing a claim, and reaching a settlement that covers all of the damages you have suffered. 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.
Bed Bug Laws in Missouri
Before taking legal action against a landlord, or property owner for a bed bug infestation, it is highly recommended that you understand the bedbug laws that influence the state of Missouri. There are a variety of laws that pertain to the liability of landlords in the event of a bed bug infestation. One aspect of these laws details that landlords are the only party that can apply the proper cleaning and extermination treatment for a bed bug infestation. So if your apartment is infested with bedbugs, only your landlord can hire a pest control service to exterminate the infestation. A landlord is also expected to inspect a tenant’s property within seven days after being notified of an infestation. If there is indeed a bed bug infestation, the landlord must start the process of treating the property within fourteen days of having learned of the infestation. A landlord must also let a tenant know that they are going to enter the premises at least twenty four hours before they do so. Tenants are also held to a certain expectation. If a tenant does not cooperate with a landlord and grants them access to the premises, then that landlord cannot be found liable for any of the damages. Tenants in the state of Missouri are also expected to notify the landlord within seven days of moving into a property of the presence of bed bugs. These are just some of the laws in Missouri that can hold both tenants and landlords accountable for a bed bug infestation. However, if a landlord is grossly negligent in remedying a bed bug infestation, the tenant has every right to sue the landlord for the damages. Often the cost of hiring a pest control service and applying proper cleaning techniques can leave a significant monetary burden on an individual. For this reason, if you live in the state of Missouri and have suffered from the damages caused by a bed bug infestation it may be in your best interest to seek legal guidance from a skilled attorney to help you sue your landlord for their negligent actions.
What is a Bed Bug Infestation?
Bed bugs are small brown insects that live in clothing, mattresses, and even travel luggage. Bed bugs are not unlike mosquitoes in that they feast off the blood of people and animals. Bed bug bites often go unnoticed for a long period, as at first, they do not leave any residual markings. However, over time, the entry points can become itchy and irritated. Many characterize these bites as being similar to mosquito bites. Due to their size and elusive nature, these insects often go undetected before it is too late. For this reason, it is incredibly helpful to understand the tell-tale signs of a bed bug infestation and what to do in the event of one. Listed below are some of the key characteristics found in most bed bug infestations:
- 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.
The process of getting rid of a bed bug infestation can often be incredibly complicated, and can in certain circumstances require professional help. These insects are incredibly durable and can survive poorly applied treatment techniques. Through extensive cleaning and the help of an exterminator, you could eradicate an infestation before it inflicts too much damage to you and your property. Listed below are some of the techniques bed, bug exterminators, use to eliminate an infestation:
- 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, the landlord is expected to pay for the extermination process and act promptly to get rid of a bed bug infestation. Landlords are also expected to notify tenants of a potential infestation once they are made aware of one. Unfortunately, this isn’t always the case, and landlords can act negligently by failing to notify tenants or failing to take adequate action to mitigate the spread of the infestation. If this is the case, you may be able to sue your landlord under the premises liability legal theory. Premises liability essentially states that property owners are expected to provide a reasonably safe and secure environment for their tenants. If they fail to do so, that tenant has every right to sue their landlord for the damages. However, suing a landlord can be a tricky process, and it is highly recommended that you seek legal guidance to ensure a positive outcome for your case better.
How to Sue a Landlord for a Bed Bug Infestation
As mentioned prior, if your landlord fails to uphold their expectation of providing a safe environment for you and your loved ones, you may be able to sue your landlord for premises liability. However, certain items must be fulfilled in order to show that premises liability applies in your bed bug infestation lawsuit. Listed below are the key elements involved in a premises liability lawsuit:
- 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.
Once you can show that premises liability applies to your case, you may be able to sue your landlord for the damages of their negligence. When filing a lawsuit, it is highly recommended that you collect as much substantial evidence to support your claims as possible. This evidence can vary from case to case and can range from eyewitness testimonies to video footage of your landlord’s negligent actions. Some examples of suitable forms of evidence are bulleted below for your reference:
- 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.
Regardless of what evidence you collect for your case, this evidence will often be used to prove a claim of negligence. A claim of negligence essentially proves the negligence of the defendant, and how these negligent actions contributed to the plaintiff’s damages. Regarding a bed bug infestation lawsuit, a victim must prove their landlord’s specific negligent actions and how those actions caused their damages. While every claim of negligence is different, we’ve included some of the key elements usually present in a successful claim of negligence:
- 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.
While substantial evidence and following Missouri State bedbug law can play a critical role in the outcome of your case, having the right attorney by your side can truly make or break your case. With a skilled attorney you can not only better understand and follow the appropriate legal process, but an attorney can also help represent you and your case in court.
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 your 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 Kansas City, St. Louis, Springfield, Columbia, Independence, Lee’s Summit, O’Fallon and throughout the state of Missouri.
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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.
