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.
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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.
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: