Stay Litigation-Free: Best Practices for Bed Bug Prevention and Documentation

Hotels, apartments, and nursing homes have an obligation to keep their guests, renters, and patients reasonably safe by maintaining their premises. When precaution and proper care are not taken, it can cost the responsible party their reputation, continued business, money, and time. Courts across the country have awarded damages and held hotel owners, landlords, and nursing homes accountable for legal fees, medical bills, treatment costs, and even sometimes pain and suffering due to bed bug infestations. Although we do not have the ability to provide legal advice, we do want to provide some information to help you understand the importance of bed bug prevention, treatment, and documentation.

There have been countless court cases that have cost anywhere from tens of thousand to hundreds of thousands of dollars. Some of the most widely known cases are:

  • Smith v. XYZ Hotel – Mr. Smith woke up in his hotel room covered in bed bug bites. He filed a lawsuit claiming negligence and was awarded compensation for medical expenses, pain and suffering, and punitive damages.
  • Johnson v. ABC Resort – Ms. Johnson encountered a severe infestation in her room, suffered from bed bug bites, and had an allergic reaction. She sued the resort for failing to provide clean and habitable environment. The court found the resort liable for negligence and awarded compensation for medical expenses, lost wages, and emotional distress.
  • Park La Brea Apartment Complex – A large apartment complex in California had to pay out $3.5 million between 16 tenants. The tenants had reported bed bug problems over a two-year period.
  • 2013 case against Hilton Garden Inn – The hotel was ordered to pay $546,000 to a family who experienced bed bug bites during their stay. It was proven that the hotel knew about the issue and did not take steps to address it. At the time, it was the largest bed bug related settlement in history.

These are just a handful of the numerous cases out there showing the importance of finding, treating, and eradicating bed bugs in a timely manner, as well as educating your staff. Not only is it a matter of the cost in dollars and cents through fines and court fees, it can quickly destroy any businesses’ reputation when word gets out there is a problem.

This issue is not confined to hotels, apartments, and nursing homes. Bed bugs can be found in movie theatres, public transportation, libraries, and many other places. In each of these public places, the same suggestions apply. Our goal is to help you avoid ending up in a litigation scenario by having many tools to combat any bed bug problems that occur. 

In each of the cases above, the main problem was neglecting to confront the problem of bed bugs when it was reported. The bed bugs had been discovered in early detection, but were left to multiply with management was not taking proper care to be informed and engaged in caring for the problem.

With that in mind, how can you keep from ending up in a legal battle? Here are some steps that could help.

  1. Make a policy to regularly inspect all areas of the building especially rooms.
  2. Document each inspection and the findings.
  3. Be sure the proper people are informed of the findings.
  1. Make sure thorough, easy to understand training is provided for your staff.  Be sure this training is scheduled regularly and documented.
  2. Our website and blogs are full of great information on identifying bed bugs and their eggs as well as other signs of an infestation.
  3. Employees should be trained on how to handle bed bug complaints. Again, documentation is key to proving that your staff and facility are being proactive about the bed bug situation.
  1. Mattress encasements protect mattresses from a bed bug infestation. They will not stop bed bugs from coming in the room, but they will keep the mattress clean and safe from bed bugs.
  2. Minimize clutter to keep bed bugs from having as many hiding spots. 
  3. Use lighter colored sheets to allow you to see bed bug droppings and the bugs themselves much more easily.
  4. Using metal bed frames instead of wood gives bed bugs fewer places to hide.
  5. Good LVT flooring with a wearable layer 12 Mil or higher will keep heat treatment from warping floors and make it easier to detect bed bugs on the base boards.
  1. As we’ve mentioned several times already, be sure to document every step of the process for keeping your facility bed bug free. This is one of the key ways to protect yourself from litigation.
  2. Be sure to contact a pest control company, or if you own a bed bug heater, immediately treat the infested areas.
  3. Take all laundry in a sealed plastic bag to be laundered to avoid spreading bed bugs.
  4. Clean up all clutter. Make sure if clothes are left hanging in the closets, there is room for good air circulation around them.
  5. Remove anything that cannot be left in a hot car on a summer day (medicines, chocolate, candles, etc.) These items may be placed in the refrigerator or removed from the room during treatment.
  6. Heat the room to 140° and hold at this temperature for 3 hours. This will eliminate bed bugs and their eggs.
  7. Inspect, vacuum, and put the room back in service.

Bed Bugs can cause a lot of stress both to the owner and the guest or client. The grief they cause can be greatly lessened by using the above methods. Not only will it cause less stress, but the loss of money for litigation can be reduced or eliminated. In the cases mentioned, the hotels and apartment complex would have been in a much better position if they’d been better at responding to complaints and even had pro-active solutions in place.

If you have further questions about these procedures or eliminating bed bugs, contact us by chatting with us on prevsol.com or call 844-364-3281.

*Bed Bug Heat Doctor/Prevsol does not have the ability to provide legal advice. The statements made in this blog are strictly for informational purposes.

Shelly Zimmerman
Shelly Zimmerman
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