Frights Survive Halloween Night
Bed Bugs Continue to Bite
By: Scott J.
Richardson
Halloween is over, but we still cringe as bed bugs continue to
feed on the blood of their hosts. Despite studies by the Centers
Disease Control there is no conclusive evidence linking bed bugs to
illnesses; the bites are real.
Bed bugs are equal opportunity pests. They have not
limited their infestations to homes. They are also found in
hotels, schools, office buildings, locker rooms and even hospitals.
Likely their infestation is a result of "hitch hiking" on clothing,
luggage or cars to new locations. They are not easily seen and the
evidence of their presence may be small stains on sheets or
unexplained bites on a person.
Many pest control companies are seeing an uptick in the amount
of bed bug remediation work that they are performing. At the same
time there is an increase in claims for bed bug bites,
infestations, emotional distress and diseases - whether or not
causation can be tied to bed bugs.
Who is bringing the claims?
The traveler who was bitten in a hotel
or motel is the most common. Claims are also being pursued by
workers who have been exposed to bed bugs which include hotel
housekeepers, hospital, janitorial and medical personnel, or any
other worker changing clothes in an infested locker room at a work
site. Generally, the worker claims fall under state worker's
compensation laws. These are essentially no fault statutes
requiring payment if it is shown the injury - in this case bites
and/or disease - occurred not only in the course and scope of their
employment but also from some risk present at or related to their
employment.
Some workers have "upped the ante" and brought emotional distress
claims for being bitten, which can be compensated for under certain
workers compensation policies.
Other claims have been brought for
significant property damage such as replacement of mattresses,
bedding, draperies, and total eradication of areas of a home, hotel
or office. This process is expensive and most homeowner's policies
contain exclusions for property damage from insect
infestation. This has caused a spike in third party claims
being filed.
How can you protect your pest control
company?
There is also the prospect that a
lawsuit can be filed against a pest control company and/or operator
for failure to get rid of bed bugs with their treatment.
Eradication of bed bugs is not easy and should never be guaranteed
either in writing or verbally. Advertising promises might be
viewed as a guarantee. Make sure that you are using a tight,
pest specific contract limiting the liability of the pest control
company so as not to subject you to a standard of care that is not
obtainable in every case. Ensure that your treatment
professionals are properly trained and consistently re-trained in
not only detection, but also eradication methods.
Can the spreading bed bug march be stopped? That remains
to be seen. Treatments are varied and include heat and
chemicals. Your pest control company or some of your
competitors may have specially trained canines to sniff out bed
bugs. Using best practices will insulate your company. Near
the end of World War II and prior to be banned, the chemical DDT
was quite effective in eradicating bed bugs. During that same time
period, people changed their sheets every night, tucking them in
around the mattress to avoid bed bugs giving rise to the rhyme -
sleep tight and don't let the bed bugs bite!
We perceive that there are external forces that will continue to
increase calls for bed bug infestation eradication. First, if
it is determined that homeowners need to report a bed bug
infestation on a seller property disclosure statement, it will
increase homeowner vigilance. Secondly, continued discussion
by the media and in on-line conversations, has increased awareness
of bed bugs. Position your company to help solve this problem
by having solid contracts, well-trained professionals and state of
the art treatments.
About the author: Scott
J. Richardson is a shareholder in the Phoenix law firm of Jaburg Wilk. Scott assists
clients with administrative
law, pest
control law and insurance
coverage issues. He frequently speaks and writes on
administrative law topics and is the author of Office of Pest
Management Qualifying Party and Supervisor Manual.
This article is not intended to provide legal
advice. This article only covers United States Law.
Always consult an attorney for legal advice for your particular
situation.
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