Kentucky

Kentucky is a U.S. state in the southern region of the country, and has the 26th biggest population in comparison with all 50 states.

Commonly referred to as the “bluegrass state,” Kentucky is known for its outdoor entertainment.

This state boasts a growing number of tourists, with major attractions that include the world’s largest cave system, Mammoth Cave National Park, and the Kentucky Derby.

Economically this state was originally all farm country, but it has diversified its workforce to include car manufacturing and coal.

Though Kentucky is thriving in many ways, the state has its problems.

One of which includes a growing number of pest infestations throughout the state.

And of those pests…

Bed bugs are by far the worst.

Kentucky Bed Bugs

According to Orkin’s list of most bed bug-infested cities, two of Kentucky’s biggest cities…

(Louisville & Lexington)

Are within the top 50 of this list.

Though these pests were fully eradicated in the mid 20th century, bed bugs made an impressive comeback starting in the late 90s.

Since then Kentucky has continued to see an increase in bed bug cases all across the state.

Bed bugs most commonly appear in the following places:

• Apartments (40%)
• Hotels/Motels (30%)
• Schools & Hospitals (15%)
• Furniture Stores (10%)
• Other (5%)

These creatures can be a nightmare to deal with both physically and mentally.

But luckily…

Even if you fall victim to an infestation – you absolutely have options.

Kentucky Bed Bug Lawyers

If you experience bed bugs in a temporary residence such as a hotel, or your apartment, you may be able to hold the property owners liable for damages.

Owners have a duty to deliver (and in some cases maintain) a property within habitable conditions.

This means that the living environment must be safe and free of any possible health hazards.

If a property owner knowingly allows you into a place that is infested…

You could be eligible for financial compensation.

Under the right conditions, you can sue for damages and receive a payout for any of the following:

Physical Injury:

In this case it would have to do with the number of bites you received as a result of bed bugs. This includes any adverse or additional physical reaction/injury that was caused by bed bug bites.

Pain & Suffering:

This includes any mental anguish or emotional trauma that was experienced due to bed bugs.

This can come in the form of:

• Anxiety
• Depression
• Social Isolation
• Disturbed Sleep

Medical Expenses:

If you endured expenses because of hospital or ER visits, or from the cost of medication, this could increase the value of your potential compensation.

Damaged Belongings:

Bed bug infestations can require you to throw out many of your belongings including furniture, bags, clothes, luggage etc..

All of the above factors will affect the value of your compensation greatly, as the dollar amount of these settlements can vary.

We have seen bed bug settlements range anywhere from $5,000 to 1.5MM so it’s important to gather all evidence to ensure you receive maximum compensation for damages done.

Click here for more detail on the average value of a bed bug lawsuit in 2020.

Kentucky Bed Bug Laws

Unfortunately, Kentucky does not have any specific statewide laws when it comes to bed bugs. Though by no means does this entail that victims are out of luck.

Certain cities within Kentucky do have protections in place for hotel guests and tenants that fall victim to bed bugs…

So it’s important to get in touch with a lawyer about your local laws.

Luckily, in Kentucky, the Implied Warranty of Habitability still applies.

This statute is an unstated guarantee that a rental property will meet the standards of basic living and safety.

This is in place before occupancy, and throughout the duration of the stay as well.

The best part of this is…

Even if the lease does not actually state this warranty in writing, it is still implied within the lease.

Within this doctrine:

The property owner must provide “sanitary premises, including the removal of insect or rodent infestations” (source: Investopedia).

Since this is still in place, in many cases the landlord is financially responsible for a bed bug infestation.

Are Landlords Responsible for Bed Bugs in Kentucky?

Even with the implied warranty of habitability, because there are no specific laws in Kentucky regarding bed bugs…

The landlord is not always responsible.

In many cases, it comes down to proving the origin of the infestation.

If you’re curious as to whether you (as the tenant) or your landlord is responsible for your infestation…

You should ask yourself the following questions:

Have I lived in the apartment for more than a year?

If you have lived in an apartment without bed bugs for a prolonged period of time. It’s likely there was no infestation before you moved in.

(Inevitably hurting your ability to sue).

Do I live in an apartment complex or multi-family building?

If the answer is yes, you should ask yourself this follow up question…

Do my neighbors have bed bugs?

Since bed bugs CAN travel through walls or the ceiling, it’s possible that one of your neighbors gave you bed bugs. If multiple units in a building are infested, it’s more likely the property owner is responsible for removing an infestation.

Click here for more information about what to do if your neighbor has bed bugs.

Bed Bugs Kentucky Hotels

Unfortunately, many hotels within the state of Kentucky have suffered from bed bug infestations.

Because hotels are so afraid of the damage to their reputation…

Many bed bug cases are settled within closed doors.

WDRB News has reported on several bed bug cases in 2019. According to an article they wrote in October ’19, there had been over 30 complaints (that the health department investigated) about bed bugs in Louisville hotels just that year.

Below is an example of one of those complaints:

(The name of the hotel is kept confidential because a lawsuit is currently ongoing).

In march 2019 I stayed at the _______ hotel in Louisville with my wife for a short weekend getaway. We hadn’t been away in a while and were hoping to have a quiet weekend together without the kids. After spending much of the day touring downtown, we were excited to get back to our hotel to rest.

I noticed the sheets didn’t look the cleanest (which I should have taken more seriously in hindsight) but because we were tired we went to sleep anyway. At about 5 am that morning I woke up with a strong itching sensation around my waist and lower back. I awoke to around 7 bites (that I could see in the mirror).

I thought that was bad.. Until my wife woke up with over 20 bites on her stomach and back. Long story short we had to both see a doctor to get prescribed medication, and have had to throw out our clothes and luggage. Hotel management is telling us it’s our fault, and my wife has been pretty traumatized by the whole thing. Buyer BEWARE.

Due to the revolving door of foot traffic at hotels, they can be real hot spots for bed bug infestations.

It’s important that anytime you stay at a temporary residence, you should properly check for bed bugs before you go to sleep.

How Bad Are Bed Bugs in Kentucky?

Bed bugs have infested every state in this country, and Kentucky is NO exception.

Though Kentucky is not the worst state for bed bugs…

(Nor is it even in the top 10).

It is definitely not safe from a potential infestation.

The bed bug problem has continued to get worse over the years. This is due to some of the following factors:

• Bed bugs have grown increasingly resilient to insecticides and other conventional methods of pest removal.
• With people traveling more and more, bed bugs have a much easier time spreading from state to state.
• After the 1950s people grew increasingly apathetic about bed bugs, thus people are very uneducated when it comes to what they look like and how to properly get rid of them.

Bed Bug Injury Attorney in Kentucky

If you or a loved one fell victim to bed bugs in your hotel room, apartment, or another location, you may be eligible for financial compensation. Give us a call at (855) 733-9217 to get connected with a lawyer that can discuss your case. Consultations are completely free and there are no attorney fees unless you win your case.