Proving Bed Bug Cases

A while back I wrote about Erbe Law Firm’s pending bed bug lawsuits.  This time I thought I would summarize the plan for proving them.

We are proceeding under three main theories of liability: (1) negligence; (2) violation of Iowa’s landlord/tenant statute; and (3) breach of the implied warranty of habitability.  Each of those claims are based on the idea that apartment complex owners have an obligation to treat for and eliminate bed bugs before and during your tenancy and also to warn about bed bug infestations before and during your tenancy.

Every city also has pest and insect control laws for rental property owners.  Although we are not making a separate claim under those laws, we will point to them as an indication of the level of care that apartment complex owners must exercise when confronted with a bed bug infestation.

None of these claims will be successful unless we can prove that the apartment complex owner knew or should have known of the bed bug problem.  We are using potential sources of proving such knowledge, including tenant complaints to management, prior treatment history, interviews with other tenants, previous lawsuits, records from pest control companies that worked at the complex, and complaints to the applicable city rental housing authorities.

Personal injury attorneys represent victims of accidents, including bed bug bites, in an effort to recover fair compensation for their damages.  If you need a Des Moines personal injury or wrongful death attorney, contact Erbe Law Firm today.


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