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What courts look at in bedbug lawsuits

Generally speaking, there are no laws that regulate how a hotel must protect a guest against bedbugs. However, the operator must still make a good faith effort to prevent them from infesting a guest's room. Ideally, a hotel in Georgia will implement a program to ensure that bedbugs don't have the ability to enter a building or spread from room to room. In addition to protecting an establishment from a lawsuit, this can help to preserve a hotel's brand as well.

At a minimum, customers should be warned about the presence of bedbugs or the potential that they may be in a room. Using active mattress liners can also help to prevent bedbugs for up to two years at a time. Rooms should be inspected for signs of an infestation on a regular basis. Doing so can help an establishment be proactive in protecting their guests and reduce its liability at the same time.

If a customer does pursue legal action against a hotel, a court will take many factors into consideration when determining the outcome of the case. Judges will generally look at whether the hotel knew or should have known that an infestation had occurred or was likely to occur. Other factors may include how a guest used a room and whether reasonable inspections had taken place prior to a customer's experience.

If a hotel or other establishment fails to take reasonable action to stop preventable accidents from occurring, it could be liable for damages a victim incurs. This may include the cost of getting another room or bills related to seeking medical care for bug bites or another medical issue caused by an establishment's negligence. An attorney may review the case and help an injured victim obtain compensation in court or through settlement talks.

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