Individuals that have experienced bed bug bites during their stay at a hotel often wonder if they can sue the hotel for their injuries and potential scarring. You should always consult with a licensed personal injury attorney regarding your unique situation, but here is some general information to help you understand your options.
Understanding Liability
Like other businesses in Chicago, hotels have a legal responsibility to maintain a safe and clean environment for their guests. When a hotel fails to take reasonable steps to prevent or address bed bug issues, that hotel could be held liable for any injuries or damages that result.
Proving Negligence
To successfully sue a Chicago hotel for injuries resulting from bed bug bites, you will generally need to demonstrate the following elements of negligence:
Duty of Care: The hotel owed you a duty of care to provide a safe and clean environment. If you were lawfully staying in the hotel (as either a paying customer or a guest of a customer or the hotel) the hotel will generally have owed you this duty.
Breach of Duty: The hotel failed to meet that duty by not taking reasonable measures to prevent or address the bed bug infestations. This is specific to each case. If the hotel you stayed at knew or should have known that they had a bed bug problem, and then didn’t take reasonable steps to fix the problem, they will generally have breached this duty.
Causation: Your bed bug bites and resulting injuries were a direct result of the hotel’s negligence. This element means that the injuries you received from the bed bug bites were caused directly by hotel’s negligence, and not someone else.
Damages: This final element means you suffered actual damages, such as medical bills, pain and suffering, or scarring.
Steps to Take
If you’ve sustained injuries from bed bug bites at a Chicago hotel, there are several steps you should consider taking:
Seek Medical Attention as soon as possible: Visit a medical professional to assess your injuries and receive treatment.
Document the Incident: Take photos of your bites, any bed bugs you find, and the condition of your hotel room. Gather all the communications that you have had with the hotel. You should try to make all future communications in writing only (email is fine).
Report the Incident: Inform the hotel management about the bed bug issue, and request to fill out a written incident report. Document everything as detailed as possible in the incident report.
Preserve Evidence: Keep any and all receipts, medical records, medical bills, and correspondence related to your stay and the incident.
Consult an Attorney: Contact an experienced premises liability attorney who can assess the strength of your case and guide you through the legal process.
Hotel Responsibilities
Hotels in Chicago have a duty to maintain a safe environment for their guests. This duty includes the obligation to:
- Regularly inspect and maintain the premises to prevent bed bug infestations.
- Take immediate action to address any bed bug issues when discovered.
- Inform guests of any known bed bug infestations or take preventive measures to protect them once an infestation is discovered.
- Ensure that all bedding and linens are clean and free from bed bugs.
Compensation
If you have a case, you may be entitled to compensation for various damages, including:
- Medical expenses related to your injuries and treatment.
- Pain and suffering resulting from the bed bug bites.
- Scarring
- Lost wages if you had to take time off work due to your injuries or to attend doctor’s appointments.
- Other expenses that are directly related to the incident.
Call Us if You Wish to Sue a Chicago Hotel for Bed Bug Bites
If you experienced bed bug bites during a stay in a Chicago Hotel and you believe the hotel was negligent in preventing or addressing the issue, you may have grounds to sue for compensation. To determine the strength of your case, it’s crucial to consult with an experienced attorney. Remember that the information provided here is for informational purposes only and should not be considered legal advice.