As we have recently written, getting a settlement or recovery for bedbug bites can be difficult for two reasons:
- it is difficult to prove liability; and
- the injury appears to have a minimal impact.
However, there are a few situations where an injured person may recover.
First, there is the case where the injured person purchased either a new or reconditioned mattress or another piece of furniture, such as a couch or sofa bed. Although one still must prove notice against the seller, it is a bit easier to prove a case where the furniture was recently purchased. New York City has a law which mandates that re-sold and used mattresses must be sanitized. Such would include fumigation against bed bugs.
A second possible case for recovery is where the client was bitten while staying in a hotel. In this case the client had no control and prior possession of the room. It can be assumed that the hotelier should have made reasonable inspections and cleaning daily through its chambermaids.
Mark E. Seitelman, 9/8/10, www.seitelman.com.