The Chicago Tribune reports that two mothers of children staying at two different Marriott hotels were bitten by bedbugs during recent stays. The lawsuit filed recently alleges that when the guests stayed at the hotel they slept on the beds and bedding provided by the hotel and awoke to bumps and bites all over her their “arms, hands, back, legs and scalp.” They were diagnosed as bedbug bites.
As the operator of a hotel, Marriott and its management owes their guests special duties, much like common carriers such as Amtrak. This special duty is a relic from early Anglo-law aimed at ensuring safety for travelers. Marriott, the lawsuit alleges, breached this special duty to its guests when it failed to provide guests with sanitary rooms, failed to inspect and exterminate rooms, and failed to recognize the signs of bed bug attacks.
As the operator of a hotel, Marriott and its management owes their guests special duties, much like common carriers such as Amtrak. This special duty is a relic from early Anglo-law aimed at ensuring safety for travelers. Marriott, the lawsuit alleges, breached this special duty to its guests when it failed to provide guests with sanitary rooms, failed to inspect and exterminate rooms, and failed to recognize the signs of bed bug attacks.
Marriott, as the operator, would be liable, if those allegations were true, for failing to ensure that its guests had a safe and comfortable place to rest. The lawsuit seems focused on a negligence analysis, basing the breach on a special duty of care. There exists the possibility of additional claims based on the nature of a bedbug infestation.
Any victim of bed bug infestations knows that the creatures are persistent and difficult to remove and can be easily transported from hotel room to house. Damages will likely be hotly contested. Discomfort, both physical and mental, will be at issue. Bedbugs rarely cause additional harm, such as secondary illness. There is a stigma associated with bedbugs, both for Marriott and the plaintiffs who were allegedly bitten.
Regardless, if you are a guest at a hotel, please be aware that you can expect the hotel proprietor to take extra measures, beyond that of a normal business, to ensure your safety and comfort. The special duty of care is not unique to hotel operators, so many businesses should retain knowledgeable counsel who can help advise them of potential liabilities and methods to limit exposure to those liabilities.
Any victim of bed bug infestations knows that the creatures are persistent and difficult to remove and can be easily transported from hotel room to house. Damages will likely be hotly contested. Discomfort, both physical and mental, will be at issue. Bedbugs rarely cause additional harm, such as secondary illness. There is a stigma associated with bedbugs, both for Marriott and the plaintiffs who were allegedly bitten.
Regardless, if you are a guest at a hotel, please be aware that you can expect the hotel proprietor to take extra measures, beyond that of a normal business, to ensure your safety and comfort. The special duty of care is not unique to hotel operators, so many businesses should retain knowledgeable counsel who can help advise them of potential liabilities and methods to limit exposure to those liabilities.
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