Bed bugs are on the rise — it is estimated that over 250,000 cases of bed bug infestations occur in the United States each year. While cities such as Indianapolis, West Lafayette, and Evansville have not experienced substantial numbers of reported cases, the State of Indiana does regulate bed bugs and has enacted legislation that affects everyone from homeowners to landlords. Here is a review of Indiana bed bug laws.
What are the Indiana statutes and constitutions relevant to bed bug infestations in hotels, motels, and apartments? Unfortunately, Indiana is one of the states in the U.S. that does not have any explicit laws related to bed bugs. However, both general and common laws that apply to landlords and their tenants as well as hotels/motels and their guests establish protections for those victimized by bed bug infestations.
In hotels and motels, common law applies. That is, hotel and motel owners have a duty towards their guests. They are responsible for promoting both the safety and health of their guest during their stay on their premises. This means that hotels and motels must remain free of any hazards (such as bed bug infestations). Hotels and motels must be thoroughly inspected to ensure that hazards are identified and addressed before any guest is harmed. Failing to address any hazard, such as a bed bug infestation, could make hotels and motels liable for the harm that their guests suffer.
In apartments, general law applies. That is, it is landlord responsibility to keep his or her rental apartment (or any rental property) in a habitable condition. This means that landlords must ensure that their rental properties are safe and clean – and overall, habitable. Prior to allowing anyone to move in, landlords must ensure that their rental properties adhere to all building codes, city ordinances, and health laws. When landlords fail to keep their rental properties habitable and adherent to all regulations, they could be held liable for any harm that their tenants suffer.
Indiana Bed Bug Laws
The state of Indiana has some specific laws regarding bed bugs. These laws are in place to protect the health and safety of its citizens, as well as to safeguard their property.
The laws are designed to prevent infestations from spreading but also serve to make sure that those who do have an infestation can get the help they need in order to eradicate it.
Victims can Pursue Indiana Bed Bug Cases
Do you have the right to file a personal injury lawsuit if you and your family were harmed after being exposed to a bed bug infestation? As mentioned above, there are no Indiana bed bug bite laws that exclusively offer protections related to bed bug infestations and bed bug harm. However, that doesn’t mean that victims and their families are left unprotected. Landlords, hotel owners, and motel owners all owe their tenants/guests a duty of care – if they breach their duty of care, they could be held accountable for all the harm suffered.
Depending on the details surrounding your claim and the harm that you and your family suffered, you might have grounds to sue. You could sue a hotel or motel owner. You could also sue a landlord.
What To Do After Exposure to Bed Bug Infestations
You and your family were harmed after being exposed to bed bugs in Indiana; now, what? What can you do? What are your options? Without a doubt, you might have grounds to pursue a claim; however, there are a number of steps that you should follow to better prepare to file a claim.
Affected parties should follow the recommendations listed below:
- Always take photos of all the bed bug bites suffered
- If there are any adverse reactions to the bed bug bites (such as allergic reactions or scarring), photographs should also be taken
- If possible, take photos of the bed bugs or traces of blood or feces throughout the premises (to prove the presence of the bed bugs)
- Get medically evaluated immediately
- If the infestation is in your home, begin the extermination process
- Evaluate all the property damage resulting from the infestation
- Gather all relevant records, including but not limited to medical bills, property damage, extermination fees, incident reports, etc.
- Research Indiana law, specifically Indiana tenant bed bug laws and motel/hotel bed bug laws
- Seek legal assistance immediately to learn more about the laws regarding Indiana bed bugs and your right to sue
When you follow the different steps listed above, you are essentially preparing to take legal action against the party or entity liable for the harm that you suffered.
You Could Recover Compensation
Without a doubt, you and your family likely have a number of questions on the laws regarding bed bug infestations in hotels, motels, and apartments. However, it is also possible for you and your family to have many questions on the compensation that you might be eligible to receive if your Indiana bed bug infestation lawsuit reaches a successful outcome.
Am I eligible to recover any form of compensation? How much compensation could I be eligible to receive? What type of compensation could I recover? Although the type and amount of compensation that you could recover depends strictly on the details of your claim, you might be eligible to recover some of the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Punitive damages
Statute of Limitations for an Indiana Bed Bug Case in Indiana
Besides becoming familiar with bedbugs laws, claimants must have a thorough understanding of the statute of limitations that could apply to their cases. Although you have the right to file an Indiana bed bug lawsuit, you could lose your right to sue if you fail to file your claim within the time allowed by the statute of limitations.
A statute of limitations determines the exact length of time that claimants have to file their claims. If they fail to file on time, claimants will lose the right to sue altogether – and they will never be able to bring forth a claim for the harm that they suffered. What statute of limitation establishes to bed bug cases in Indiana?
In Indiana, personal injury claims – including bed bug claims – are subject to a two-year statute of limitations. What does this mean? Because of this statute of limitations, claimants will only have two years to file their claims. Without a doubt, this is a strict deadline and claimants will have to act promptly to ensure that they file on time. However, claimants must also be aware that certain exceptions to this deadline could apply, tolling the applicable statute of limitations.
List Of Bed Bug Killer Products
Bed bug infestations can be difficult to treat, especially if you have a large infestation. It is important to use a product that will treat the entire home and eliminate all of the bugs so they do not come back.
It’s important to choose a bed bug treatment that is easy to use and affordable. There are many options available on the market today, but it can be difficult to find one that works well with your budget.
Bissell SteamShot Hard Surface Steam Cleaner with Natural Sanitization, Multi-Surface Tools Included to Remove Dirt, Grime, Grease, and More, 39N7V
Price : $31.04
- Every Purchase Saves Pets. BISSELL proudly supports BISSELL Pet Foundation and its mission to help save homeless pets.
- Clean and Sanitize with the Power of Steam. 100 watts of steam power from a variety of hard surfaces.
- On-Demand Steam Trigger. Control the amount of high-pressure, high-temperature steam.
- Cleaning Tools Included. Comes with seven multi-surface cleaning tools: jet nozzle, (3) color-coded round bristle brushes, grout tool, flat scraper tool, and angle concentrator tool.
- Chemical-Free Cleaning. Uses water only, 100% natural cleaning is safe for kids and pets.
- Use as instructed. Results may vary. Tested under controlled laboratory conditions without tools.
- When used as directed.
Additional Info :
Safer Brand 51703 OMRI Listed Diatomaceous Earth – Ant, Roach, Bedbug, Flea, Silverfish, Earwig, & Crawling Insect Killer
Price : $9.47 ($0.14 / Ounce)
- Say Goodbye to Bugs – Kills a variety crawling insects including roaches, ants, fleas, silverfish, earwigs, bedbugs, and more
- Attracts and Kills – Made from diatomaceous earth and selected baits, this powder causes insects to dehydrate and die within 48 hours after contact
- Mechanical Killer – Unlike many traditional chemical insecticides, insects cannot build an immunity to diatomaceous earth
- Use Where Insects Hide – DE can be used indoors or outdoors. Apply in cracks and crevices, along baseboards, or create a barrier around entry points
- Peace of Mind – This powder is OMRI Listed and compliant for use in organic gardening so you can use it without worry
Additional Info :
Ortho Home Defense Max Bed Bug, Flea and Tick Killer – With Ready-to-Use Comfort Wand, Kills Bed Bugs and Bed Bug Eggs, Bed Bug Spray Also Kills Fleas and Ticks, 1 gal.
Price : $17.49
- Use Ortho Home Defense Max Bed Bug, Flea & Tick Killer to kill bed bugs, bed bug eggs, fleas, and ticks
- Use spray as a spot treatment around bed frames, mattress seams/tufts/folds, and baseboards
- Kills even the toughest bed bugs (pyrethroid-resistant bed bugs)
- Second step of a 3-step bed bug solution system
- The continuous spray Comfort Wand easily gets into hard-to-reach areas
Additional Info :
UV Flashlight Black Light, Vansky 51 LED Blacklight Pet Urine Detector for Dog/Cat Urine,Dry Stains,Bed Bug, Matching with Pet Odor Eliminator
Price : $10.99
- Find invisible stains: UV flashlight helps detect food stains and pet urine stains on rugs, carpets, and clothes that are otherwise invisible to the naked Eye. Not work well on cat urine
- Versatile use: authenticate currency and official documents like drivers licenses or identify unwanted whitening agent in cosmetics
- Perfect for outside use such as finding scorpions and minerals. Shoul used with 3xAA Standard Alkaline Battery (Battery Not Included)
- Durable, high-quality lads: the 51 tenacious UV light LEDs have a lifespan of 15 years
- Ultra-compact design: The pocket-size UV flashlight can be carried along to detect stains in your car or illuminate minerals, body art
Additional Info :
HARRIS Bed Bug Traps – Parent (20-Pack)
Price : $15.99 ($0.80 / Count)
Additional Info :
Indiana is a state that has a number of rules in place to protect its citizens from bed bugs, as well as other pests. These laws are designed to allow landlords to take action against tenants who fail to maintain their homes and property and also to ensure that businesses are not allowed to keep pests on the premises.
Landlords are required by law to provide a pest-free environment for their tenants, but there are several exceptions. Landlords can be exempt from this requirement depending on the type of rental property they own and how much rent they charge for it. If you own a large number of units or charge too little for rent, then you may not be required by law to provide an insect-free environment for your tenants.
In addition to these laws that require landlords to provide pest-free living conditions for their tenants, there are also laws that require certain types of businesses not to have any type of bugs or rodents on their premises. Businesses such as hotels and restaurants must meet specific standards when it comes to keeping pests out of their facilities or they could face fines or even lose their operating licenses altogether.