Last month I took my two kids to a hotel in MA and came home with bed bug bites (two of us). We saw the bites before we got home but we didn't really think anything about it until we got home and realized how bad it was. I had to throw out thousands of dollars worth of clothes and suitcases and now I'm paying big bucks to have my house treated. My question is how can I get the hotel to reimburse me for the damages? Wont they just deny that we got the bugs at their hotel. Should I call the hotel and just ask them to reimburse me for the costs?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Proving a bed bug lawsuit
You are correct. As I mentioned in another post dealing with bed bugs and lawsuits, this type of case is like any other injury case: As the plaintiff in the case, you will have the burden of proof regarding what happened (you were exposed to the bed bugs at the hotel) and what your damages are. Some attorneys may disagree with me, but I don't think it can hurt to call the hotel and ask them to reimburse you for your costs. Offer them copies of receipts and see how they respond. Hotels, like any hospitality business, do not like bad publicity. However, if they refuse to pay the damages, you need to talk to an attorney.
Certainly the hotel may deny liability. Defendants in law suits usually do. However, attorneys are trained to negotiate settlements. The reason an attorney may be more likely to convince the hotel to pay up is that the hotel knows that the attorney is capable of filing a law suit and conducting discovery that will help reveal the truth. Also, once an attorney is involved, the hotel will likely refer the matter to its attorney who will explain to the hotel management that litigating about bed bug infestations is a no-win proposition. Good luck.