California Family Gets $1.6 Million After 3-Year-Old Was Scarred by Bedbugs

[Voice of Reason 10,298]

Completely ridiculous.

 

https://www.nytimes.com/2018/04/04/us/california-bedbug-lawsuit.html?mc=aud_dev&mcid=facebook&mccr=MC12&ad-keywords=AudDevGate&subid1=TAFI

[TBoneTX 46,059]

If bedbugs are this active when in bed, where do they sleep?

I also think that the ultimate identity crisis is experienced by male ladybugs.

[Dashinka 24,767]

So what triggered the initial infestation?  Was it the family themselves that brought these in, or were they there to begin with?

[Steeleballz 7,550]

4 hours ago, Bill & Katya said:

So what triggered the initial infestation?  Was it the family themselves that brought these in, or were they there to begin with?

 

   As far as liability it doesn't matter. The standard contract you sign in an apartment is that you notify management immediately if there are signs of bedbugs and management is responsible to remedy the situation. They may charge the tenants for some of the cost of that but it is still the job of the owner to get this taken care of.

 

   I don't think where the bed bugs came from is ever part of the litigation. It's irrelevant. These are breach of contract lawsuits, and the monetary amount came from the injuries. The owner failed to remedy the situation.The kid is 8 and scarred for life. That's $1.6 million. 

[Voice of Reason 10,298]

4 minutes ago, Steeleballz said:

 

   As far as liability it doesn't matter. The standard contract you sign in an apartment is that you notify management immediately if there are signs of bedbugs and management is responsible to remedy the situation. They may charge the tenants for some of the cost of that but it is still the job of the owner to get this taken care of.

 

   I don't think where the bed bugs came from is ever part of the litigation. It's irrelevant. These are breach of contract lawsuits, and the monetary amount came from the injuries. The owner failed to remedy the situation.The kid is 8 and scarred for life. That's $1.6 million. 

The family also failed to do anything about it, such as moving into a hotel at the landlord’s expense, and continued to live with the infestation.  Moving out and a proper fumigation most likely would have prevented the scars.

[Steeleballz 7,550]

10 minutes ago, IDWAF said:

The family also failed to do anything about it, such as moving into a hotel at the landlord’s expense, and continued to live with the infestation.  Moving out and a proper fumigation most likely would have prevented the scars.

 

   Neither you or I are privy to the contract that was signed, however It is unlikely that damages would have been awarded unless an actual breach of contract occurred. The landlord failed to do something that he was obligated to do.

 

   I don't see anything in the article that actually says they were offered alternative accommodations. It actually states they had "nowhere else to go". 

[The Nature Boy 7,659]

Looks like the Landlord took several steps over the months to remedy the problem, finally replacing the carpet, which cured the problem and the couple lived there 2 more years bug free.

 

Sorry not worth 1.6 million 

 

 

[Dashinka 24,767]

26 minutes ago, Steeleballz said:

 

   As far as liability it doesn't matter. The standard contract you sign in an apartment is that you notify management immediately if there are signs of bedbugs and management is responsible to remedy the situation. They may charge the tenants for some of the cost of that but it is still the job of the owner to get this taken care of.

 

   I don't think where the bed bugs came from is ever part of the litigation. It's irrelevant. These are breach of contract lawsuits, and the monetary amount came from the injuries. The owner failed to remedy the situation.The kid is 8 and scarred for life. That's $1.6 million. 

Seems fishy.  So I can bring in bed bugs, contact the building owner, they fumigate, etc., and then I bring in some more afterward and say the remediation was ineffective and file a lawsuit.  I am not saying this family did that, but by your explanation, it could have.  Lawsuits are out of control, but the sad thing is that this family will most likely see only about 30-40% of the amount and will probably be charged taxes on the entire amount.

[Dashinka 24,767]

7 minutes ago, Steeleballz said:

 

   Neither you or I are privy to the contract that was signed, however It is unlikely that damages would have been awarded unless an actual breach of contract occurred. The landlord failed to do something that he was obligated to do.

 

   I don't see anything in the article that actually says they were offered alternative accommodations. It actually states they had "nowhere else to go". 

You say that and yet we know juries award large settlements all the time based on nothing more than sympathy.  Just look at the headline, if the jury was sold this, they may have awarded this purely for sympathy reasons.

[Voice of Reason 10,298]

44 minutes ago, Nature Boy Flair said:

Looks like the Landlord took several steps over the months to remedy the problem, finally replacing the carpet, which cured the problem and the couple lived there 2 more years bug free.

 

Sorry not worth 1.6 million 

 

 

I agree, not worth 1.6 mil.  WAY overkill, especially considering the lawyer will get a large chunk of it.

And what if the kid gets acne as a teen, and ends up more scarred for life than from the bites?  Young children have skin that can heal more smoothly than when older; perhaps the scars will fade by the time he’s a teen?  

 

Far too many frivolous lawsuits.  And as I said, they could have moved, if they were really concerned for their child’s well-being.  Something prompted them to stay, and we don’t know what that was.

[yuna628 9,712]

1 hour ago, Bill & Katya said:

Seems fishy.  So I can bring in bed bugs, contact the building owner, they fumigate, etc., and then I bring in some more afterward and say the remediation was ineffective and file a lawsuit.  I am not saying this family did that, but by your explanation, it could have.  Lawsuits are out of control, but the sad thing is that this family will most likely see only about 30-40% of the amount and will probably be charged taxes on the entire amount.

Bedbug infestations are very difficult to get rid of, if you've ever had one. There is also no way you can prove who brought the bedbugs into the apartment either. It could be the family themselves, but it also may not be. It could have been a friend, repairperson, a delivery guy, a neighbor, may have been there to begin with, or may have moved from one apartment to another within the building. Throwing away all your furnishings wouldn't have been enough either. Virtually everything in the apartment would have to go, and all other belongings cleaned in such a way as to destroy the insect (and then not reinfect them). The management should not have treated the infestation according to the article in the way it did... I get into discussions about bedbugs and other infestations with a family friend (and pest inspector) all the time. The carpet should have gone long ago... but other things would need to be done to ensure they won't be coming back. There were other bug problems, like roaches...???!! Good grief, that apartment has got huge issues they aren't fixing. Just one single female bug missed can reinfect everything. To me the judgment actually seems, well.. fair. Pain and suffering, the likely loss of all of their belongings as well... the amount can add up to quite a lot you know.

 

I would not necessarily pin the blame on the family as responsible for bringing them in. If roaches are present, I'm betting there were other varmints.. which surely would be the more likely point of infection.

Edited April 9, 2018 by yuna628

[Voice of Reason 10,298]

6 minutes ago, yuna628 said:

Bedbug infestations are very difficult to get rid of, if you've ever had one. There is also no way you can prove who brought the bedbugs into the apartment either. It could be the family themselves, but it also may not be. It could have been a friend, repairperson, a delivery guy, a neighbor, may have been there to begin with, or may have moved from one apartment to another within the building. Throwing away all your furnishings wouldn't have been enough either. Virtually everything in the apartment would have to go, and all other belongings cleaned in such a way as to destroy the insect (and then not reinfect them). The management should not have treated the infestation according to the article in the way it did... I get into discussions about bedbugs and other infestations with a family friend (and pest inspector) all the time. The carpet should have gone long ago... but other things would need to be done to ensure they won't be coming back. There were other bug problems, like roaches...???!! Good grief, that apartment has got huge issues they aren't fixing. Just one single female bug missed can reinfect everything. To me the judgment actually seems, well.. fair. Pain and suffering, the likely loss of all of their belongings as well... the amount can add up to quite a lot you know.

 

I would not necessarily pin the blame on the family as responsible for bringing them in. If roaches are present, I'm betting there were other varmints.. which surely would be the more likely point of infection.

How do hotels, which get infested on a regular basis, handle the problem without throwing everything away?  That seems a bit over the top to me.

[yuna628 9,712]

It's a HUGE problem in Baltimore hotels let me tell ya... and my friend has to be very careful in doing places that have infestations. It's going to depend on the infestation. If you can kill the source and ensure it's completely gone, some furnishings can be saved, but will likely need to be thoroughly cleaned (especially cracks in wood). Carpets gone for sure. In some cases baseboards will have to go. Upholstered chairs/couches? Probably a loss. The mattress probably not going to be saved, some have them wrapped in a special barrier or plastic. All other objects would need to be scrubbed and kept in plastic. Kids stuffed toys? Probably a loss. Clothing and other washable objects would need high heat applied. So very lengthy wash/dry on the hottest setting and then all wrapped in sealed bags until the infection is gone in the rest of the house. That would eliminate some items of clothing/shoes that can't be cleaned on high heat. It's kind of like when you own a reptile like a hermit crab.. and they get mites. You've got to isolate the reptile, treat it, deep clean the tank, and then clean/bake everything in the oven.

 

A lot of hotels I've noticed have been getting away with carpeting and upholstery, they wrap the mattresses, and have been told some do regular inspections with a pest company that may bring in a dog. They can put a chemical down, but there is not a guarantee - they will have to keep coming back to check the problem. They can also do things like spike the temp up in the room. Linens need to be frequently changed. If you've got curtains that looked like they've not been cleaned in years.. back away now. I will always check every hotel for signs of bed bugs before I unpack anything. https://www.scientificamerican.com/article/bed-bug-expert-explains-defend-yourself/

[Steeleballz 7,550]

2 hours ago, Bill & Katya said:

Seems fishy.  So I can bring in bed bugs, contact the building owner, they fumigate, etc., and then I bring in some more afterward and say the remediation was ineffective and file a lawsuit.  I am not saying this family did that, but by your explanation, it could have.  Lawsuits are out of control, but the sad thing is that this family will most likely see only about 30-40% of the amount and will probably be charged taxes on the entire amount.

 

   You would sign a contract. You and the landlord are bound by the terms. Your contract may say you are liable for the cost of repeated infestations. It's up to you to sign the contract and the landlord to enforce it and abide by it.

 

    If the landlord believes you have a bedbug scam going, it's probably up to them to take legal action, and I assume CPS would then also get involved if they believed you were risking your kids health intentionally.

[Steeleballz 7,550]

3 hours ago, Nature Boy Flair said:

Looks like the Landlord took several steps over the months to remedy the problem, finally replacing the carpet, which cured the problem and the couple lived there 2 more years bug free.

 

Sorry not worth 1.6 million 

 

 

 

  Months is too long. The last apartment I rented, the bedbug rider said we would be put up in alternate accommodations immediately. The manager would decide if any belongings had to be discarded and begin the remedial process. If the situation was not resolved in 30 days, they would move us to another apartment in the complex at their expense. 

 

  Again I don't know what contract these people had, but I'm pretty sure it wasn't followed to the letter.