A conversation with a bed bug attorney

by Tommy Underhill
November 28, 2018

Things are heating up here at the Global Bed Bug Summit in Denver, Colorado. Temperatures outside should peak above 60° today. I had an informative conversation with Grant Schwarz of Bed Bug Law in Hollywood, Florida. Grant shared insights into the current situation with bed bug lawsuits.

• As I’ve previously written about, bed bug lawsuits continue to pester the hospitality industry.
• As a licensed pest management professional, you and your inspection and treatment documentation could be subpoenaed during the course of a lawsuit. Make a habit of being complete and thorough.
• Simply having a bed bug treatment policy in place is not enough. Accurately following the approved protocol is no guaranteed shield from litigation or settlement.
• Juries tend to find liability with hotels and other hospitality properties which have not adequately attempted to treat an active bed bug infestation.
• Juries tend to find liability with hotels and other hospitality properties which have gone against the professional treatment suggestions of pest management professionals. For example, a PCO could recommend treating the infested room and all surrounding rooms to ensure an efficacious solution. The hotel management decides to spot treat only the infested room.
• Juries tend to find liability with hotels and other hospitality properties which have evidence of continuing and/or past infestations.

Bottom line: inhospitable hospitality companies may have a greater exposure than companies who proactively manage the realities we face in today’s bed bug environment. Many thanks to Grant for taking time from his day to share these insights.