Petaluma Bed Bug Lawyer
Whether you are a tourist in Petaluma staying in a hotel or an AirBNB, or you rent an apartment in the city, you never expect to suffer harm caused by bed bugs. Bed bugs are notorious hitchhikers, and an infestation can quickly spread from one place to another. Once an area has been affected by an infestation, it is very difficult to eliminate the problem. If you have suffered harm due to bed bugs, you may be eligible for compensation. There are two types of claims you can file in these cases, and below, our Petaluma bed bug lawyer explains what they are.Bed Bug Lawsuits Based on Negligence
If the negligence of a landlord or other property owner caused you to suffer harm from bed bugs, you can likely file a claim against them. Negligence is a legal term for carelessness, and when filing a claim based on this legal concept, you must prove the following:
- The defendant, or at-fault party, owed you a reasonable duty of care to keep you safe,
- The defendant failed to take certain actions that another reasonable person would have, or acted in a way a reasonable person would not have,
- The defendant’s action or inaction caused you harm, and
- The harm was foreseeable, which means the defendant should have known the harm the insects can cause.
Property owners must ensure any premises they rent or lease do not have a bed bug infestation. Landlords cannot rent any space that is infested with bed bugs. Property owners, including landlords and hotel owners, must also take reasonable steps to ensure a bed bug infestation does not develop. If you are unsure whether your landlord was negligent, reach out to a bed bug attorney in Petaluma for advice.Bed Bug Lawsuits Based on Breach of Warranty of Habitability
In some circumstances, it is possible to file a bed bug claim based on a breach of warranty of habitability. Property owners have a legal duty to ensure their premises are in a habitable condition. Habitable is a term that refers to a dwelling that is suitable and safe for people to live in and that the property does not contain any defects that can jeopardize the health and safety of others.
Under the California Civil Code, landlords must ensure rental units do not contain the following:
As when filing a bed bug claim based on negligence, there are certain elements you must prove when filing a lawsuit based on a breach of warranty of habitability. They include:
- The property was inhabitable due to a bed bug infestation,
- You notified the landlord of the infestation within a reasonable amount of time,
- The landlord failed to eradicate the infestation within a reasonable amount of time, and
- You suffered harm due to the infestation.
If you have been hurt by bed bugs, our Petaluma bed bug attorney at Brod Law Firm has the necessary experience to prove your case. Call us now at (800) 427-7020 or fill out our online form to request a free review of your case.