AirBNB is a third-party app that functions as a middleman for property owners and travelers. Property owners can rent out their homes for a small price and visitors can stay there for a preset time. The trouble with the app is that the company generally does not like to cover accidents and injuries; it has gone so far as to create a list of exceptions and will notoriously refuse to pay out claims. If you were hurt at an AirBNB because of a bed bug infestation, you should take appropriate legal action. Our law firm, Normandie Law Firm, can help you move forward and sue AirBNB for bed bugs.
What are bed bugs?
A bed bug infestation can be a traumatizing experience for those staying at an AirBNB. The bugs may torment you and you could very well be left with some form of PTSD of anxiety of staying in new places. Identifying features of bed bugs include:
- Small, round-bodied, flat, and reddish brown in color
- 1-5mm in length, but become engorged when full
- Can survive for months at a time with no food or sustenance
- Can only crawl from one place to another, unlike flea, which can jump long distances
- Feast on human blood
- Nocturnal and prefer to nest near where victims sleep
- Bites have an anesthetic quality and an anticoagulant that prevent pain and blood-clotting, respectively
- Bites may appear in a zigzag pattern on exposed areas of skin as red welts and may slightly itch
- Nests are found in damp, dark places
- Eggs are cream colored and found in batches
- Signs of bed bugs include eggs, exoskeletons, blood stains on sheets, droppings, and a distinct musty odor
If you find bed bugs at an AirBNB, it is best to document them and leave as soon as possible. You should be sure that there are no bed bugs in your luggage or on your clothes, or you risk spreading the infestation.
What are the laws regarding safety in an AirBNB?
According to various housing laws in the state, apartments and other living quarters must be fit for human habitation. They must be sanitary and be free from vermin, bed bugs, roaches, infestations, and other issues that could affect your health. This is true in hotels, motels, apartment complexes, and more.
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AirBNB cannot allow hosts to rent out infested homes. The hosts will often try to circumvent this by simply not posting pictures that show the infestation or letting anyone know that there is potentially a problem. They can then blame the guests in the aftermath.
Can I sue AirBNB for bed bugs?
AirBNB has what they call a host protection plan. This allows hosts to be safe from lawsuits by guests in the event of accidents and injuries. The reason is simple: homeowner’s insurance will not cover damages of third-parties if the home is being rented out or being used for profit by the homeowner, and the policy limit is usually not that high to fully cover the damages anyway. Therefore, AirBNB shoulders the responsibility.
However, AirBNB has a long list of exceptions to the policy. These exceptions essentially outline what situations are unable to be used as grounds for a lawsuit, and bed bug infestations are included on that list, along with intentional acts of harm and acts of nature. The issue with bed bug infestations is that there are laws specifically written that pertain to the creatures and the safety of a habitat. Merely writing out that the company is not liable in the event does not excuse them from following the law.
If AirBNB received complaints from previous guests that the homeowner rented out a place that was infested with bed bugs, the company has a duty to investigate and revoke his ability to rent. However, AirBNB is unlikely to do this. Thus, they can be held responsible if a homeowner repeatedly rents his property out and guests are bitten by bed bugs.
If you file a premises liability claim, you must show one of these three points:
- The owner caused the infestation
- The owner knew about the infestation and did nothing to prevent it or warn others about it
- The owner was unaware of the infestation but reasonably should have been if he had investigated the property in between guests or maintenance and repairs
With most scenarios, the owner will have been aware and did nothing or will have not known but should have. This is because the individuals often live at the houses when they are not renting the, and they would notice if there is such an issue like bed bugs.
What should I do if I get bitten by bed bugs at an AirBNB?
If you were bitten by bed bugs at an AirBNB, it is important that you follow these steps to ensure that you have the best chance of success with a lawsuit.
- Go to the doctor to get treated for the bites and to make sure you are not allergic
- Do not delay treatment or forgot to get copies of medical notes, medication, receipts, and more
- Get copies of screenshots of the AirBNB app and purchase, receipts showing your payment for the rental, and more
- Take photos of your bites
- Take pictures of the bed bugs, the infestation, the differences between the app’s photos and the actual residence, and more
- Get the statements and testimonies of anyone you stayed with if they also were affected by the infestation
- Write down the contact information of the host
- File a report with AirBNB in which you detail your findings, injuries, and more
- Hire an attorney to help you with your case
One of the primary mistakes people make is not hiring an attorney. They will try to go through with the claim by themselves, and more often not, will be unsuccessful because they do not have the necessary legal experience or negotiating abilities.
What can I win in a lawsuit against AirBNB if I were bitten by bed bugs?
In an AirBNB bed bug incident lawsuit, you could receive a few different types of damages for your losses. Fortunately, bed bugs do not lead to intense injuries or life-altering incidents, and insurance agents recognize this when coming up with offers to send to clients.
The value of your case will be determined by the insurance agent responsible for your claim. He will look at the extent of the injuries you suffered, how much of an impact the infestation had on your career and daily life, and whether or not you were responsible for the incident in some way. The agent will make an offer based on those factors, and we will negotiate thereafter. Our attorneys will do all we can to win you the following damages:
- Medical bills to pay for any trips to the doctor for allergy medication, stitches, anti-bacterial treatment, and more from the different types of injuries bed bugs can cause
- Lost income if you could not return to work for some time because the infestation traveled home with you or you had to get your car fumigated and could not adequately travel
- Damaged property for any personal belongings that you had to throw away or replace
- Pain and suffering for anxiety, fear, and emotional trauma that resulted from such an occurrence
- Reimbursement of vacation fees and AirBNB costs, especially if you spent significant time outside of the AirBNB or getting treatment
What is the statute of limitations to file a lawsuit against AirBNB?
In California, you have 2 years from the date of the injury to file a lawsuit against AirBNB if you were injured during your stay. You can file a premises liability claim against the company for not providing a safe or sanitary living quarters. The statute of limitations is in effect to ensure that cases are not filed long after the damages have happened when it becomes harder to prove who was at fault. The sooner you issue the claim, the more likely it is that your evidence will not be corrupted and will be intact.
There are a few exceptions to the statute of limitations, though. For example, if you were under the age of 18 years old at the time of the incident, you cannot sue; you can take legal action and adhere to the statute once you turn legal age. Further, the defendant may have left the state for a period of time, which would suspend the statute for his absence. You would be able to sue once he returns.
Too often, individuals do not file lawsuits because they are unaware of the time limit attached to the case. Our attorneys can file your claim on time and will not miss a single deadline.
Our Firm and You
Normandie Law Firm will always fight tooth and nail to win you the compensation you deserve. We will not stop pursuing your rightful restitution until we are satisfied with the settlement we bring you. Our firm has recovered millions for those who have been hurt at AirBNB locations, including victims of bed bug infestations. We will go to court if necessary to defend your rights.
Call today for a free legal consultation to discuss your case. We will tell you what we believe your case is worth and how we will move forward, and you can address any questions and concerns. We will also give you a zero fee guarantee on your case – you won’t have to pay a dime out of pocket for our services. We will only get paid if we win, and if we lose, we take no money at all.
For the best legal representation available, contact Normandie Law Firm. We will sue AirBNB for bed bugs for you.
