I've not had any problems with bed bugs but they have been in the news so much recently that I was wondering if a person got bit by bed bugs, say like a tenant or a guest who stayed at a hotel, can that person sue for negligence and damages. Would they win?
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Bed bug litigation
This is certainly a hot topic around the country right now. The short answer is that a person could bring an action for damages and succeed if she suffered injury as a result of the negligence of the hotel or the landlord. In other words, it is like any other injury suit in that the plaintiff will be required to show duty, breach, proximate cause and damages. So, for example, if the landlord knew the unit had a bed bug infestation with the previous tenant and did not make reasonable efforts to eliminate the bugs, a subsequent tenant might have a good cause of action for such damages as medical treatment, property damage (if items have to be thrown out) and any other damages allowed by Massachusetts law.
However, in many cases, the better course of action may be to ask the hotel, for example, to pay for the damages. If you can avoid litigation, both parties benefit, and the hotel would certainly like to avoid the bad publicity associated with a bed bug lawsuit. I assume that applies to landlords as well. Of course, if the hotel or landlord does not agree to reimburse you for your damages, it's time to call a lawyer. Hope that helps.