Suing Casinos for Bedbug Bites

“Good night. Sleep tight. Don’t let the bedbugs bite.” It is a nursery rhyme that most Americans have heard, but not many have had experience with the pesky critters that inspired it.  While bed bugs may seem like a remnant of the past, many Americans have experienced bites, infections, and other complications from bed bugs while staying in hotels.

Now, as COVID-19 lockdowns end and travel restrictions are being lifted, more Americans are traveling and encountering bed bugs during their travels.  These encounters are not only unhygienic and irritating, but harmful to your health.  This raises the question: Can I sue a casino for a bedbug infestation if I get bitten? Keep reading to find out.

What are bedbugs?

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According to the Southern Nevada Health District, bed bugs are small insects that do not have wings. Immature bed bugs are roughly the same size as a poppy seed, but they measure about 1/4-inch long as adults. They have flat, oval bodies, and their coloring shifts from off white (after shedding) to dark brown (after they eat). Bed bugs feed on the bloodof warm-blooded animals, including humans, and like to hang out in cracks and crevices, which they leave at night to search for food.

Bed bugs bites cause irritation because the bugsinject a saliva into its victim’s skin while feeding.  People who are allergic to this substance often find that the area around the bite gets swollen and itchy. Scratching only makes the irritation and itchiness worse. In some cases, scratching can lead to a secondary infection.

Does Nevada have bed bug laws?

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Nevada asthe state does have laws regulating the cleanliness of hotels and the bedding. Nevada Revised Statutes §447.020mandates that hotel bedding is clean and “free from all filth or dirt.” It also prohibits the use of any bedding that is “is worn out or unsanitary for use by human beings.”

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In addition, Nevada Revised Statutes  §447.030 calls for the fumigation, disinfection, and renovation of any hotel room in the state that is or could be infested with“vermin or bedbugs or similar things.”  The law specifies that these measures should be employed until the pests in question “are entirely exterminated.”

What do you have to prove in a casino bed bug case?

The burden of proof in a bed bug bite case is the same as in any other personal injury case. To make a successful claim you must be able to prove that the casino in question was negligent. Specifically, you must demonstrate that:

1. That the casino staff had a legal obligation to address the issue
2. That they failed to do so
3. That you were harmed as a result
4. And that you incurred certain losses due to your injury

Therefore, it is important to take certain steps to help us build your case. If you see bed bugs in your room, try to take pictures with your Smartphone or tablet.  If you report the issue to casino staff, make sure that you document when you reported it, and the response.

Do not forget to take photographs of the bed bug bites and keep records of any medical records associated with your treatment.

Compensation in casino bed bug bite cases

Depending on the circumstances you may be compensated for the following in your Nevada casino bug bite case:

• Medical expenses, including prescription costs

• Lost or damaged property including but not limited to infested clothing that had to be thrown out
• Lost incomedue to missing work
•  Non-economic losses, such as pain and suffering

If it is warranted, a court may impose punitive damages, too. This is an additional amount meant to punish the casino in especially egregious circumstances.

The bottom line

When you visit a Nevada casino, you probably expect that you will win a little money and hope that you will not lose a lot. If you are staying at a Las Vegas casino, you probably spend a fair bit on food, entertainment, and your accommodations. The last thing you expect or want to deal with is bed bugs.

If you do get bitten, do not panic. First, go to the doctor – especially if you think you are having an allergic reaction to the bed bug saliva. Then call Van Law Firm at (725) 900-9000 for a free consultation. As experienced casino bed bug bite attorneys, we will fight to get the compensation you deserve.