As bedbug litigation surges, a successful defense strategy is more than just pest control
By Nick Fortuna
For decades now, hoteliers have been on guard against litigation involving compliance with the Americans with Disabilities Act (ADA). But more recently, serial plaintiffs and their lawyers have opened up a second front in the battle to separate hoteliers from their money – lawsuits over bedbugs.
Bedbug claims have become one of the most persistent and costly risks facing hotels and motels, creating serious litigation, operational, and reputational hazards – especially when the property can’t prove how it prevented and responded to reports of bedbugs. In May 2025, a jury awarded $2 million to two guests of a hotel in Ventura, CA, who claimed to suffer “painful bedbug bites, severe skin rash, allergic reaction, scarring, and personal injuries over the entirety of their bodies,” according to court filings.
Similarly, in March, a jury awarded $245,500 to a family claiming to have been exposed to bedbugs at a hotel in Manteca, CA. It was another successful case for attorney Brian Virag, founder of My Bedbug Lawyer, Inc., an Encino, CA-based trial practice devoted exclusively to hotel bedbug litigation.
Just like bedbugs themselves, lawsuits against hoteliers have spread like wildfire, and the claims involve significant allegations. In March, a Florida tourist sued Walt Disney Parks and Resorts for damages in excess of $50,000, claiming he was repeatedly bitten by bedbugs during his hotel stay. The plaintiff claimed he suffered scarring, bodily injury, pain, disability, mental anguish, medical expenses, and even the “loss of the ability to earn money,” according to court filings.
In recent years, the wave of bedbug lawsuits has “really picked up steam,” with a growing roster of attorneys targeting hoteliers, according to Darshan Patel, principal at DPA Attorneys at Law. The San Diego firm represents hospitality clients in litigation and risk-management matters.
Patel said lawyers are scouring online hotel reviews looking for complaints about bedbugs, then tracking down those guests and offering to represent them. Patel has seen some serial plaintiffs go from one hotel to the next with a bedbug sealed in a plastic bag. They place the bug on the bed, take pictures to bolster frivolous lawsuits, and move on to the next hotel, he said.
No matter what, he cautioned, the circumstances around a reported infestation should be carefully investigated. When a guest reports bedbugs, hotel owners should document the condition of the room, maintain their records, and rely on pest-management professionals rather than speculation.
Plaintiffs throw “everything but the kitchen sink” into their claims, Patel said. “Bedbug claims raise multiple categories of alleged harm, including emotional distress, physical injuries, lifelong medical treatment and expenses, and effects on daily life, like their relationship with their spouse. And these claims don’t start at a small dollar amount either.”
The value of a bedbug claim depends on the alleged injuries, available evidence, insurance coverage, and the property’s documented response to an incident. Insurance treatment varies by policy and carrier – many companies have removed bedbug coverage altogether – making it especially important for hotel owners to review their policy’s exclusions, endorsements, deductibles, and optional coverage before a bedbug claim happens.
“Bedbug coverage was included in insurance policies up until several years ago, but now, you don’t see insurance policies that will cover bedbug claims unless you’re paying an additional premium,” Patel said. “Now hotel owners are even more under the gun because they have to cover bedbug lawsuits themselves.”
An Issue of Negligence
Bedbug lawsuits typically target hotels for negligence, claiming they failed in their legal duty to provide safe, clean rooms to guests by not taking reasonable precautions against infestations. Because the deadline to make a claim depends on the jurisdiction and the facts of the case, it is imperative that hoteliers maintain documents related to their pest-management practices, including inspection, incident, and treatment records, Patel said.
Since every guest has the potential to introduce bedbugs into a hotel, judges typically view their occasional presence as “part of life,” Patel said. Therefore, hoteliers that can prove that they made consistent, reasonable attempts to prevent and address bedbug infestations may receive a favorable outcome in court. That gray area stands in contrast to ADA claims, where a hotel is either compliant with the requirements or isn’t, he said.
“The court system has realized that hoteliers can only do so much, so with bedbugs, there’s a little bit more lenience,” Patel said. “They’re not expecting you to inspect every bed with a magnifying glass. The standard is: Did the hotel take as many reasonable steps as possible to ensure that their customers were protected?”
David Roark, national sales manager for Industrial Fumigant Co., said hoteliers concerned about bedbugs should focus on four key principles: Prevention, early detection, rapid response, and employee training. Housekeeping staff is the “first line of defense,” so they should know what to look for and immediately report bedbug activity to their supervisors, he said.
In particular, staff should look out for:
- Live bugs. Adults typically are reddish- brown, oval, and measure four to seven millimeters in length. Younger bugs are smaller and lighter in color.
- Black or dark-brown spots on fabrics. These are bedbug droppings and look similar to ink spots.
- Shed skins. Bedbugs molt as they grow, leaving behind pale exoskeletons.
- White eggs. Measuring about one millimeter long, they often slip into seams and cracks.
- Blood spots. Red stains on sheets or pillowcases can indicate crushed bedbugs or bleeding from bites.
No hotel can eliminate the risk of bedbugs, but a trained staff, a consistent inspection program, and a reputable pest-management provider can significantly reduce a hotel’s exposure, Roark said. Flashlights are useful in performing inspections, which are aimed at a simple goal – to detect and resolve problems before guests are even aware of them, he added.
“Routine inspections of guest rooms – especially mattresses, box springs, headboards, and upholstered furniture – should be combined with a clear response plan that removes affected rooms from service, inspects adjacent rooms, and initiates professional treatment when necessary,” Roark said. “Just as important is maintaining detailed documentation of inspections, findings, and corrective actions. This not only helps identify trends but also demonstrates a proactive commitment to guest safety.”
Training Makes the Difference
Patel said hoteliers’ first step in protecting themselves is to have a written bedbug policy that includes a robust training program, with refresher courses held quarterly. When staff receive training, they should sign and date an acknowledgment form for the hotel’s records.
The policy should also outline the specific steps that staff members should take when either guests or employees report bedbug activity. The process should include a standard incident form that collects all the basic information – the name of the guest or employee, contact information, date, time of day, room number, and details of the problem.
Documenting each step can help to shield hotels from legal liability, and since claims can come several years after guests have left the property, all documents should be preserved. As part of their documentation, hoteliers should keep a log of which hotel rooms have been treated for bedbugs at which times and ensure that every room gets treated over time. Special attention should be paid to rooms that have experienced infestations in the past.
In a simple example, a hotel with 100 rooms may have a pest-management company come once a month to treat 25 rooms. By keeping a treatment log, the hotelier can be sure that each room gets serviced once every four months. But without a log, it’s possible for some rooms to be treated multiple times while other rooms are neglected, an oversight that could be damaging in court.
“You want to document as much as possible and have written policies in place so that you’re able to arm your attorney to actually defend you,” Patel said. “I cannot stress enough how critical documentation is in fighting a lawsuit.”
Roark said a “regular cadence” of documented inspections can protect a property from legal action. A proactive bedbug program demonstrates that a hotel is working to provide the best experience for guests by offering pest-free rooms and facilities.
“Don’t just have a bedbug program; be able to prove you have a bedbug program,” he said. “Lawsuits are often won or lost based on documentation, not just whether bedbugs were actually present. If a guest makes a claim, you need to demonstrate that you took reasonable, consistent steps to prevent, inspect for, and respond to bedbugs.”
Due to the “creepy factor” associated with bedbugs, bitten guests can become emotional, so it’s important for hotel staff to treat them with empathy, Roark said. Guests may be given a refund, asked to fill out an incident form, and removed from the property. Transferring them to a different room or having them spend time in common areas risks spreading the infestation.
An incident form gives guests an outlet to voice their frustration, making it less likely that they’ll publicize that bad experience through an online review, Patel said. Frequently, guests just want to be heard, so documenting the incident and empathizing with the guest may be enough to resolve the issue. Even so, hoteliers should have their pest-management company perform an inspection after every complaint of bedbugs so that they can prove they were being proactive.
When speaking with guests, staff should be accurate and careful not to speculate or refer to past issues with bedbugs, Patel said. That admission could be used in court to support a claim of negligence for failing to address a persistent problem. They should focus on following the hotel’s response protocol and involve management as soon as possible.
“Giving out more information than is needed can be dangerous, so I would say less is more,” Patel said.”Communicating calmy and accurately and responding consistently protects the guest, the property, and the integrity of the investigation into the incident.”
Create a Paper Trail
Documentation is critical to fighting a bedbug lawsuit. On top of not taking guest complaints seriously, the biggest mistake hotel owners make is failing to provide proof that they’ve been both proactive in their pest prevention efforts and responsive to guest complaints. Here are five ways to create a paper trail that substantiates your prevention efforts.
- Put your bedbug policy in writing, including a training program. Have staff sign and date an acknowledgment form each time they complete training.
- Keep a log tracking which rooms were treated by your pest prevention specialist and when staff completed inspections.
- Record statements from staff if they find an incident of bedbugs. If six staff members handle the incident, the hotel should have six statements on file.
- Create a standard incident report to capture guest information, and that of the employee who fields a concern. Include their name, contact info, and the date, time, room number, and details of the complaint.
- Retain documentation indefinitely – the statute of limitations for bedbug claims is two years in most jurisdictions.
Image: structuresxx/stock.adobe.com
Leave a Reply