An encounter with bed bugs in a hotel can quickly turn a vacation or business trip into a nightmare. Bed bug bites can cause physical harm, emotional distress, and financial losses. Unfortunately, bed bug infestations are not uncommon in tourist-heavy destinations like Las Vegas, where hotel rooms see high turnover rates.

Hotels have a legal duty to prevent bed bug infestations and to address them as soon as possible when they do occur. If a hotel fails to meet this legal duty and guests suffer bed bug bites as a result, the victims could take legal action to seek financial compensation for their injuries and related damages.

At the Cottle Firm, our Las Vegas hotel and casino injury lawyers help victims of bed bug infestations seek fair compensation for their injuries. If you have recently suffered due to an infestation at a Las Vegas property, we are prepared to help you understand your legal rights and seek damages. Contact us today at 702-834-8000 to discuss your legal options in a free consultation.

Identifying Bed Bug Infestations

Bed bugs often hide in mattress seams, headboards, and behind furniture. Recognizing the signs of a bed bug infestation can help you protect yourself. Here are some common warning signs to look out for when you check into a hotel room:

  • Bloodstains and fecal spots: Look for small reddish stains or black specks on sheets, mattresses, and furniture.
  • Musty odor: A large infestation can produce a distinct, unpleasant smell.
  • Shed skins and eggs: Bed bugs molt as they grow and leave tiny shells behind.
  • Bites: Sometimes, you may not discover an infestation until you’ve been bitten. Bed bug bites typically appear as itchy red welts in lines or clusters, most commonly on exposed areas like the arms, legs, and neck.

Even luxury hotels can experience bed bug outbreaks. Guests should always inspect their rooms before unpacking and report any warning signs to hotel management immediately.

Hotel Responsibility and Duty of Care

Hotels are legally obligated to provide safe, clean environments for guests. Regarding bed bugs, this legal duty of care means taking appropriate measures to prevent infestations, responding to complaints, and maintaining high hygiene standards. According to NRS 41.130, individuals and businesses can be held liable for damages if they fail to meet a duty of care and this failure results in a personal injury.

Regular Pest Control Inspections

Hotels must regularly inspect rooms for bed bugs, even if no complaints have been filed. Given the high turnover of guests, especially in Las Vegas, infestations can spread quickly. Professional inspections help ensure infestations are identified and treated before they affect multiple rooms.

Prompt Response to Complaints

Once notified of a bed bug problem, a hotel must respond immediately. Management should relocate the affected guests, offer medical help, and call pest control professionals to eradicate the infestation. Failure to act quickly may be considered negligence, and the hotel could be held liable for any damages suffered by guests.

Proper Training for Hotel Staff

Hotel employees are responsible for identifying and handling pest-related issues. Housekeeping staff should be trained to spot signs of bed bugs, and front desk personnel must document complaints and assist guests. Poor staff training often results in delayed responses and exacerbated infestations.

Maintenance During High-Traffic Events

During popular events and conventions, hotels should implement heightened pest control measures. The increased number of guests raises the risk of bed bug infestations, and hotels need to take extra precautions. Neglecting to address this elevated risk could result in liability if guests are harmed.

Documenting a Bed Bug Infestation

If you have suffered physical or emotional harm due to a Las Vegas hotel bed bug infestation, you will need to document the incident if you want to take legal action against the property for negligence. This documentation provides evidence for your personal injury claim. Below are some key steps to follow when gathering evidence.

Take Photos and Videos of the Infestation

As soon as you notice signs of bed bugs, take clear photos and videos to capture the evidence. Make sure to document live bugs, dead bugs, blood stains, and fecal spots on bedding, mattresses, and furniture. If the infestation is severe, consider taking video footage to provide a more comprehensive view of the room’s conditions.

Photograph Bite Marks and Skin Reactions

Documenting your injuries is just as important as proving the infestation. Take photographs of any bite marks, rashes, or other skin reactions caused by bed bugs. Make sure to capture both close-ups and wider shots that show where the bites occurred on your body. If the symptoms worsen over time, take follow-up photos to demonstrate the progression. This type of documentation helps establish a timeline and provides visual proof that the bites occurred during your stay at the hotel.

Report the Infestation to Hotel Management

Immediately notify hotel management about the bed bug issue and ask them to document your complaint. It is best to report the infestation in writing, such as through email or text message, so that you have a clear record of your communication. When speaking with hotel staff, remain polite but firm and ask for a written response acknowledging the problem. This step creates a paper trail, which is helpful if the hotel later disputes your claim.

Seek Medical Attention

Seek medical attention if the bites result in severe itching, allergic reactions, or psychological distress. Ask your healthcare provider to document the injuries and note that they are consistent with bed bug bites. Medical reports can serve as evidence in your lawsuit by demonstrating the physical and emotional harm you suffered. Even minor injuries should be evaluated and documented, as untreated bites can lead to secondary infections.

Preserve Personal Items as Evidence

In some cases, personal belongings like clothing or luggage may show signs of bed bug exposure. Do not immediately discard these items, even if they appear ruined. Instead, store them in sealed plastic bags to prevent further contamination. These items can potentially be used as evidence for your personal injury claim.

Legal Grounds for Filing a Bed Bug Lawsuit

To file a successful bed bug lawsuit against a hotel, you must prove that the property breached its duty of care and that this breach caused your injuries. In Nevada, hotels can be held liable for guest injuries under premises liability law, which requires property owners to maintain safe conditions for visitors.

Establishing the Hotel’s Duty of Care

The first step in a personal injury claim is proving that the hotel owed you a duty of care. Hotels are required by law to provide clean and safe accommodations to their guests. This obligation covers not just the room you stay in but also common areas such as lounges and hallways.

Breach of Duty by the Hotel

You must also show that the hotel failed to meet its duty of care by neglecting reasonable standards of care. This could include failing to conduct regular pest inspections, ignoring previous guest complaints, or renting out a room that was already known to have an infestation. The hotel’s negligence must be directly linked to the bed bug incident.

Proving Causation

You must show that your injuries were the result of your stay at the hotel and not caused elsewhere. This can be challenging, as bed bugs are a common issue in other public spaces and private residences. Thorough documentation can help establish that the infestation originated in the hotel.

Recovering Compensation for Damages

Victims of bed bug injuries may seek compensation for various types of damages, including:

  • Medical expenses, such as the cost of treating allergic reactions or anxiety
  • Emotional distress caused by the infestation
  • Lost wages if the bites or trauma interfere with work
  • Property damage for items that must be discarded or professionally cleaned

How to Win a Bed Bug Lawsuit

Winning a lawsuit against a hotel requires a solid legal strategy and strong evidence. You must present a well-documented case that proves the hotel’s negligence caused the infestation and your subsequent injuries.

Hire a Personal Injury Attorney

An experienced personal injury attorney can help you gather evidence, communicate with the hotel’s legal team and insurance provider, and negotiate a fair settlement on your behalf. You should speak with an attorney as soon as possible, as Nevada’s statute of limitations (NRS 11.190) is just two years from the date of the injury.

Obtain Expert Testimony

Pest control experts can provide testimony to confirm that the infestation occurred in the hotel and that the hotel’s management failed to address it properly. Expert witnesses lend credibility to your claim by explaining how the hotel fell short of industry standards.

Collect Witness Statements

If the bed bug infestation affected other guests, their testimony can support your claim. Witness statements can show that the infestation was not an isolated incident and that the hotel knew, or should have known, about the problem.

Request Maintenance Records

Your attorney can request the hotel’s pest control and maintenance records to determine whether the hotel followed proper procedures. These records can reveal if inspections were missed or treatments delayed, which could strengthen your claim of negligence.

Negotiate a Settlement

Most hotels are insured against personal injury claims, and many bed bug lawsuits are resolved through settlement negotiations. A skilled attorney will negotiate with the hotel’s insurer for a fair settlement that reflects the full extent of your damages. If negotiations fail, your case may proceed to trial.

Discuss Your Case With a Las Vegas Hotel Injury Lawyer

Hotel bed bug infestations can lead to physical, emotional, and financial hardship. Hotels have a legal obligation to provide safe accommodations. When they fail to do so and guests are harmed, the victims have the right to seek financial compensation. If you have recently been affected by a bed bug infestation in a Las Vegas hotel, you can learn more about your legal options by contacting the Las Vegas hotel injury lawyers of the Cottle Firm at 702-834-8000.