Bedbug infestations are not only an inconvenience—they can inflict significant physical, emotional, and financial damage. When landlords, hotels, furniture stores, or other prudent individuals fail to prevent or adequately treat infestations, victims may be able to recover money through a bedbug lawsuit. Such cases typically involve claims for:
- Medical expenses
- Property damage
- Lost wages
- Emotional distress
Knowing the legal grounds for a bedbug lawsuit, how to file a claim, and what damages you can recover is important. If you or a family member has been affected by a bedbug infestation caused by another party’s negligence, pursuing legal action may be the best option.
Common Locations for Bedbug Infestations
Bedbugs can be found in various places, particularly where people sleep, rest, or store furniture. Some of the most common locations include:
- Hotels and Motels – Frequent guest turnover makes these locations a hotspot for infestations. Poor cleaning and lack of pest control can allow bedbugs to spread.
- Apartment Complexes and Rental Properties – Landlords must provide habitable living conditions, including pest-free housing. Ignoring bedbug complaints can make them liable.
- Airbnbs and Short-Term Rentals – Hosts who fail to inspect and treat bedbug problems can be held accountable.
- Furniture and Mattress Retailers – Stores may unknowingly sell infested products, causing problems for unsuspecting customers.
- Nursing Homes and Assisted Living Facilities – Elderly residents are particularly vulnerable to bedbug bites, making proper maintenance essential.
If you have encountered bedbugs in any of these locations and suffered harm, seeking legal counsel can help you determine your rights and potential compensation.
Legal Basis for a Bedbug Lawsuit
To succeed in a bedbug lawsuit, victims must prove that a responsible party failed to prevent or properly address an infestation, leading to injuries or financial losses. Several legal claims may apply, including:
- Negligence – Property owners and business operators must keep their premises safe. Failure to prevent or treat bedbugs may be considered negligent.
- Premises Liability – Property owners can be held accountable for hazardous conditions, including a bedbug infestation.
- Breach of the Warranty of Habitability – Landlords are legally required to maintain a habitable living space. Failure to address a bedbug problem may violate this warranty.
- Consumer Protection Violations – Businesses selling infested furniture or falsely claiming to be bedbug-free could face legal consequences.
- Emotional Distress Claims – Severe infestations can lead to anxiety, insomnia, and even PTSD, which may be compensable in court.
Who Can Be Held Liable in a Bedbug Lawsuit?
Liability depends on where the infestation occurred and who was responsible for maintaining a clean and safe environment. Potentially liable parties include:
- Hotels, Motels, and Vacation Rental Operators – If they fail to conduct inspections, properly clean, or exterminate, they can be sued.
- Landlords and Property Managers – They must respond to tenant complaints and take action to remove infestations.
- Furniture and Mattress Retailers – Selling infested products can lead to product liability lawsuits.
- Nursing Homes and Assisted Living Facilities – Neglecting infestations in these environments can result in legal claims.
- Moving Companies and Rental Services – If they transport infested furniture or provide contaminated rentals, they may be held liable.
Types of Compensation in a Bedbug Lawsuit
Victims of bedbug infestations may be entitled to various forms of compensation, including:
- Medical Expenses – Costs for doctor visits, treatment of allergic reactions, infections, and psychological distress.
- Property Damage – Replacement of infested mattresses, furniture, clothing, and bedding, plus extermination services.
- Pain and Suffering – Compensation for physical pain, anxiety, and emotional trauma caused by bedbugs.
- Lost Wages – If a victim had to miss work due to medical treatment or stress-related conditions.
- Punitive Damages – Awarded in cases where a responsible party acted recklessly or fraudulently.
How to Prove a Bedbug Lawsuit
A strong case requires solid evidence. Victims should gather:
- Photographs and Videos – Document bedbugs, bites, and infested property.
- Medical Records – Proof of doctor visits, prescriptions, and treatments for bedbug-related conditions.
- Pest Control Reports – Any official extermination reports or correspondence with landlords or hotels.
- Witness Statements – Testimonies from others who experienced the infestation.
- Written Complaints – Emails, letters, or messages reporting the issue to the responsible party.
How Long Do You Have to File a Bedbug Lawsuit?
The statute of limitations for bedbug lawsuits varies by state, typically ranging between two to four years. However, certain cases, such as those against large hotels or corporations, may require quicker legal action. Consulting an attorney early ensures:
- Preservation of evidence
- Compliance with filing deadlines
- Stronger legal strategies for compensation
Can You File a Class Action Lawsuit for Bedbugs?
Yes, in cases where multiple victims have suffered from the same bedbug infestation, a class action lawsuit may be an option. These lawsuits allow a group of people to collectively sue a negligent business, landlord, or hotel. Class actions are beneficial when:
- Numerous tenants in an apartment complex suffer from an untreated infestation.
- Multiple hotel guests experience bedbug bites during the same timeframe.
- A furniture store sells infested mattresses or sofas to multiple customers.
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
