Can I file a bed bug lawsuit? 24 Answers as of February 21, 2012

Just wondering if there was anything I could do. I have pictures of bites all over body and pictures of everything lost. Can I sue my landlord?

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ROWE LAW FIRM
ROWE LAW FIRM | Jeffrey S. Wittenbrink
This question depends upon the character of your lease or rental agreement and when the bed bug infestation arose. Certainly you may have a claim if the home/residence were infested upon move-in, again, depending on several factors such as the wording of your lease and your ability to prove that the bed bugs were present before you got there.
Answer Applies to: Louisiana
Replied: 7/1/2011
The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
You can always sue. The question is whether you will win. How do you know the bedbugs are the fault of your landlord? How can you prove that? Those are the issues I see from your question. If you can prove the landlord did something negligent that caused your injury you can win your lawsuit. Also, depending on where you live, you may have some recourse through landlord tenant law. Seek the advice of an attorney who specialized in tenant rights.
Answer Applies to: Oregon
Replied: 6/30/2011
Kline Law Offices P.C.
Kline Law Offices P.C. | Robert C. Kline Jr.
Yes, you probably can pursue a claim under the Residential Landlord Tenant. You may also have a negligence claim.
Answer Applies to: Oregon
Replied: 6/30/2011
Allen Murphy Law
Allen Murphy Law | W. Riley Allen
You could conceivably. I wouldn't touch your case. But, I would talk to the landlord.
Answer Applies to: Florida
Replied: 6/30/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You would have to prove it was not something you owned.
Answer Applies to: Connecticut
Replied: 6/30/2011
    David Hoines Law
    David Hoines Law | David Hoines
    Does the landlord own the bed? If so, maybe.
    Answer Applies to: Florida
    Replied: 6/30/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Only if you can prove that it's the landlord's fault that caused the injury. Check with a local personal injury attorney. Good luck.
    Answer Applies to: New York
    Replied: 6/29/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Sure you can sue your landlord. Was he negligent? Did he breach the lease, i.e., you reported the problem and he did nothing about it. Unfortunately, I think that it's just a small claims case. You don't need a lawyer for that.
    Answer Applies to: New York
    Replied: 6/29/2011
    Law Offices of Tom Patton
    Law Offices of Tom Patton | Thomas C. Patton
    It depends. If the landlord knew about the problem, then yes, you can sue successfully.
    Answer Applies to: Oregon
    Replied: 6/29/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    Oregon has the Landlord-Tenant Act which provides you certain guarantees as a tenant. The difficulty you may find is proving the bed bugs are the landlords fault. I can imagine the landlord asserting the beg bugs were caused by you. Regardless, you should seek out legal assistance.
    Answer Applies to: Oregon
    Replied: 6/29/2011
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    Yes, you can bring a lawsuit against your landlord; however, to be successful you must prove certain things and meet your burden. You usually must prove that the landlord had some type of knowledge and failed to take reasonable measures to correct the problems. You then must prove that his failure to take reasonable measures resulted in the damages to you. You may give my office a call for a better evaluation of your potential case.
    Answer Applies to: Louisiana
    Replied: 6/29/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    It sort of depends. If they provide pest service maybe, otherwise I would think not.
    Answer Applies to: Alabama
    Replied: 6/29/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    Bed bugs cases are very hard because you need to trace the origin of the bed bugs. While it is possible, you would need to have some sort of proof that it was the property owners fault or an admission of some sort from the property owner. Even then it can be difficult. It is at least worth a call to a lawyer.
    Answer Applies to: Pennsylvania
    Replied: 6/29/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Depends where the bugs came from.
    Answer Applies to: Florida
    Replied: 6/29/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Have you told your landlord about the problem? If so, and he has done nothing to eradicate the problem, Then you can withhold your rent until your landlord takes care of the problem.
    Answer Applies to: Michigan
    Replied: 6/29/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    If the landlord had prior knowledge of the condition and did nothing you can sue.
    Answer Applies to: Virginia
    Replied: 6/29/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    if the landlord is responsible, sure. How do you prove that?
    Answer Applies to: North Carolina
    Replied: 6/29/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    More details are needed regarding your landlord/tenant relationship and the ownership of the household furniture and furnishings. including the bed,mattresses, etc. Seek the advice of an attorney who specifically handles legal matters similar to yours.
    Answer Applies to: Indiana
    Replied: 6/29/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    Generally, a landlord has a duty to provide you habitable conditions, but pest control is considered an obligation of the tenant in most jurisdictions. Having said that, I can imagine some situations where it is possible you could hold the landlord responsible. For example, if the house is in such disrepair that a pest infestation became more likely, you may be able to trace the problem back to the landlord's general duty towards you. Or it is possible that your lease agreement contains a provision that places responsibility for such matters on the landlord. You should talk to a lawyer in your area about your problem. Bring your lease agreement with you. Good luck.
    Answer Applies to: Florida
    Replied: 2/21/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    How long were you a tenant when this happened? Why do you think the landlord is responsible for the bugs getting into your apartment? Are there other apartments in the building that had similar problems? If you feel strongly enough that the damages are in fact caused by the landlord, make a demand from the landlord for the money, and if he refuses you can sue in small claims court. But unless there is some negligence on the part of the landlord, it does not sound like there is any liability.
    Answer Applies to: California
    Replied: 6/29/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Perhaps; depending on the facts. I am a former federal and State prosecutor and now handle personal injury cases so feel free to check out my web site and contact me.
    Answer Applies to: New York
    Replied: 6/29/2011
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