You wake up one morning covered with bites and discover your room is infested with bed bugs, you approach management and they give you the run around, or worse, they blame you for the infestation!
Believe it or not, it happens to more people than you think but the good news is Courts are cracking down on companies that don’t take extermination seriously by awarding big bucks to victims!
We have painstakingly reviewed a number of cases to show you just how much money you could win and what evidence you need to collect to convince the judge and jury to award you damages. If you do it right, the management company will take you seriously and realize it’s better to settle than to face a jury!
Pro Se – Suing Without an Attorney!
Most of the time, a law firm requires a $10,000 retainer which they draw from as they work on your case; when it gets low, they require another deposit. Sometimes, they may charge you less per hour (say $100 rather than $300) for a percentage of the winnings such as 1/3 and may even waive the hourly rate if they are sure of a win – on 7 million dollars, that would be 2.3 Million in attorney fees!
When $300 per hour is considered a good deal for legal representation, it’s clear that a full out legal battle is going to be very expensive for both sides but did you know that you can file a lawsuit without an attorney (Pro Se)? Unlike an individual, corporations are legally required to hire an attorney which can give you a big advantage as it did in Janie McFarland’s bed bug lawsuit against a Super 8 hotel when she asked the judge for 7 Million Dollars! Guess what happened – they settled the case without going before a jury!
Here is a Class action lawsuit over bed bugs where clearly, the resident of the homeless shelter didn’t have the cash to hire an attorney, but the attorney took the case anyway. Likely the residents approached the attorney as a group with proper documentation and the attorney felt confident enough to take on the case.
If you are thinking about going it yourself, then the bed bug lawsuit against Super 8 is a great example of what steps you need to take. Look at the legal documents (check out the docket we provide) to see how documents were written and then visit your local law library and ask for help (it’s free)! If you do it right the management company will settle the case quickly! In this case, both parties closed the case after the judge issued an ORDER granting in part and denying in part 33 Motion in Limine Seeking to Exclude Evidence of Remedial Measures – see the lawsuit docket for details.
Pro Se is not for everyone! If you are not comfortable going it alone, and do it anyway, you could end up with a ruling that prevents you from suing the company again and never again be able to collect the money you may have received by using a skilled bed bug attorney!
You’ll find examples of people just like you that have sued the owner and received incredible judgements in their favor. It’s not rocket science and often these cases are quickly settled.
Company Looking to Protect Yourself?
If you manufacture a pest control product, operate a hotel or apartment complex, then you’ll want to read these lawsuits so that you better understand how you can avoid being held liable.
Unfortunately, the Government’s legal document management system can be very archaic and makes it difficult to find a case based on topics. As I come across interesting lawsuits, I’ll post them here in an easy to read format and elaborate on each.
To start us off, I’m going to review a bed bug spray lawsuit where a company selling a pest control product made claims that the FTC didn’t agree with and how they avoided paying $264,976. If you’re thinking of making a product for resale, you MUST make sure that everything you claim is backed up. Most of all, as in these cases, make absolutely sure you have complete documentation – it can save you from a long drawn out legal battle.