Bed Bug Lawyers in Boston

Boston is the capital and most populous city in the state of Massachusetts. According to a 2018 estimate by the U.S. census bureau, Boston has an estimated population of 695,000, making it the 21st biggest city in America.

Boston is not the first city you think of in terms of tourism, but it still brings in over 19M domestic, and 1.7M overseas visitors annually. This city is known for some major events including the Boston Marathon, Pride Festival, and the Duckling Day Parade in the springtime.

Boston dining is increasingly a destination all in its own, with a seriously delicious restaurant scene. This includes neighborhood bistros from contemporary cuisine to traditional New England fare.

The growing economy and tourism sector has been largely positive for the city’s image, although this growth does not come without its problems. A growing issue is the rise in reported bed bug cases that occurred in Boston last year.

According to the Terminix list of most bed bug infested cities, Boston just snuck into the top 10. These insects have been around for centuries, and unfortunately the city of Boston is likely to be fighting bed bugs for a while longer.

Bedbugs are never caused by the victim, and there is no shame in finding yourself in a bed bug infestation.  Bed bugs don’t care whether the infested areas are dirty or clean, as they’ll congregate in a run down old apartment or 5 star hotel all the same.

Massachusetts Bed Bug Laws & Regulation

In the state of Massachusetts, a property manager or landlord is required to maintain a clean and safe environment for their tenants. Therefore, any pest infestation such as bed bugs, must be promptly responded to with a thorough plan for removal.

This is detailed specifically under section 105 CMR 410.550: under Massachusetts law.

(B) The owner of a dwelling containing two or more dwelling units shall maintain it and its premises free from all rodents, skunks, cockroaches and insect infestation and shall be responsible for exterminating them.

Therefore, landlords are fully responsible for eradicating insects as required by the above State Sanitary Code.

If you suspect a bed bug infestation, you should immediately contact property management and staff and outline the problem. It’s important you do this in writing and specifically request a professional pest control specialist to treat your apartment and living area.

You should receive a prompt response detailing action items and next steps. If you’re experiencing communication failures and nobody is getting back to you, consider stating your seriousness through a bed bug demand letter.

You may also want to call the Massachusetts department of health for some educational documentation surrounding bed bugs.

You can also request a formal inspection of the entire building, including neighboring apartments to prevent further spread (as even one bed bug can cause an infestation). 

Landlord Responsibilities in Boston

Under Section D of 105 CMR 410.550 it states:

(D) Extermination shall be accomplished by eliminating the harborage places of insects and rodents, by removing or making inaccessible materials that may serve as their food or breeding ground, by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination method.  

Therefore, in apartment complexes and multi-family units, a landlord must take action to eradicate an infestation along with any common areas that could be infested.

If you rent a single-family home, the landlord is likely not financially responsible for the extermination of bed bugs as long as he/she maintains the upkeep of the residence.

In these cases the occupant is required to pay, especially if the occupant has been living there for a long time.

Can you stop paying rent if you have bed bugs?

If your landlord is not communicating, nor working to eliminate an existing infestation, you have a couple of options:

  • Withhold Rent: If you decide to stop paying your rent, to stay in compliance with your lease and the law, you may need to deposit the rent payment into a separate bank account.
  • Break the Lease: If you can’t bear to live with bed bugs any longer, you can potentially move out without being liable to the terms of the lease.

Click here for more information on your options, and whether the landlord or tenant is financially responsible.

Boston bed bug case examples

  1. According to the bed bug registry, a reporter stayed at the Ritz-Carlton Boston hotel and on the first night, was bitten over 40 times by bed bugs. She found bugs and blood spots on the sheets and mattress cover. This was a 5-star hotel, so the victim was surprised to learn they had a bed bug problem. The reporter sued for her injuries and the failure of the hotel to address the problem appropriately.
  2.  A family moved into their Boston apartment, excited for a new beginning. On the 4th night, the two daughters suffered from bites on their legs and arms. Unfortunately, the problem continued to get worse, leading to significant scarring for the children. The family sued and received a $150,000 settlement for physical injury, pain & suffering, along with damage to their furniture.

What Are Bedbugs?

Bed Bugs are small, brown insects that feed on blood by biting their victims. These creatures are tiny and in low numbers very easy to miss.

Bed bugs have the following physical characteristics:

  • Wingless insects with six legs
  • Flat (although bodies can swell after a meal)
  • Around 0.2 inches in length. They can be seen with the naked eye by the astute observer.

Infestations typically start with just a couple of eggs, attaching to objects in an apartment, house, or hotel room.  Most people are surprised to find that even while maintaining a sanitary environment, bedbugs have followed them home from a recent outing.

What Causes a Bed Bug Infestation in Boston?

Once hatched, the bedbug looks for a source of blood, so they  can generate the strength to molt into an adult.

Once they become an adult, a female can lay over 8 eggs per day.

This is how infestations begin and spread quickly. Making matters worse, It’s hard to determine where bed bugs came from, because they hide in small cracks/crevices for long periods of time.

To prevent an infestation you should inspect your residence periodically. Make sure to look behind furniture, around your mattress/box spring, and around baseboards.

You should also keep tabs on your neighbors if you live in an apartment complex or multi-family building. If your neighbor has an infestation, because bed bugs can travel through walls, your apartment is at risk of catching them as well.

What Happens When Bed Bugs Bite?

The saliva of their bite is an irritant to many people, and bedbugs can carry all kinds of germs that can cause adverse reactions to those that they bite.

Some people are so sensitive they can carry scars for life, which can especially happen if the bites become infected.

It’s a common misconception that bed bugs go away on their own. Instead, to completely eradicate an infestation you’ll need the help of a pest control professional to fumigate the apartment or conduct a heat treatment.

Clearly, there are many reasons that bedbugs proliferate over time. Check out the bed bug handbook to learn more about laws and restrictions related to bed bugs in Massachusetts.

How to protect yourself from an Infestation

To protect yourself, you should periodically check the bed and other used furniture for either red or tiny brown spots which indicate bed bug droppings.

Note: Dressers and closets where clothes may be stored are a prime area for inspection. 

Even if you didn’t find any signs of bedbugs, it’s good to wash all your clothes and dry on high heat when you return home from a temporary residence.

Don’t mix your suitcase in with your closet or bedroom; put it in storage. Clean and inspect your suitcase before you store it.

What To Do If You Get Bitten

What if, despite all your efforts, you wake up with bites, clearly from bed bugs.

First, take care of yourself.  Wash your bites and cover them up with bandages.

If they become infected, or continue to itch, seek medical help from a professional. When your bites seem severe, the symptoms can be dangerous (in rare cases) so get medical help as soon as possible.

Hydrocortisone cream helps with bites in the short term to ease the symptoms.

If you discovered the infestation in a hotel, make sure to document your injuries in pictures.

Get proof of date by taking a picture of a television show or newspaper. Then, call the lobby and report the case to hotel management right away.

Were you Bitten in a Boston Hotel Room?

Ask the supervisor to explain their policy on bed bugs.  As soon as you can, notify the supervisor in writing through email if possible.  If there is an incident report, get a copy for your records.

Don’t open any suitcases you have not already been into; it is better to be cautious and keep the suitcase closed at all times.

Once you transferred rooms, take a shower and bag up any clothes that were exposed to the infestation.

Keep a Record of The Incident 

It’s important to keep any receipts for proof of expenses that you endured as a result of the infestation.

You should ask yourself the following questions:

Did I pay for treatment? 

Did I buy supplies? 

Did I pay for two rooms? 

What clothes and items were ruined? 

Was my vacation ruined as a result of getting bit by bed bugs?

Keep a timeline that lists everything you did after you were bitten.  If you have more than one adult in your room, have them also write a complaint about the infestation.

Don’t forget to call the health department, which will inspect your room and write a report.  A favorable health department report will help your case considerably.

Once you have all these things organized, you’re are ready to consult an attorney with experience in bedbug litigation.

You can win cases against the hotel owner/manager or apartment landlord if you have good documentation and experienced representation.

A solid case will boost the value of potential compensation you could receive. Click here for information on the average value of a bed bug settlement.

The hardest thing to prove besides the fact there were bedbugs is whether hotel management had knowledge of past infestations.

If they knew about the bed bug problem, did they take any action? 

If there have been other complaints to the health department, there should be a record you can follow up.

Boston Bed Bug Lawsuit Attorney

So, if you think you have a case, you can find an experienced lawyer in the Boston area. We can help you determine if you have a winnable case and help you obtain needed documentation.

There is a time limit to file a case, so get your evidence in order immediately.

Remember, it may be the duty of your landlord to keep your hotel or apartment free from vermin.  It is potentially their responsibility to repair any damage from an infestation.

Get in touch today for your free consultation. No fees unless you win your case.

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