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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Wednesday, March 4, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

This CLE course will provide trial lawyers the information they need to handle surprisingly common bed bug bite claims. Whether these claims lead to multimillion-dollar class action claims against landlords or six-figure damage awards against hotels and motels, these claims are on the rise, and knowing how to handle them is an essential part of any personal injury practice.

Faculty

Daniel W. Whitney
Partner
Whitney, LLP

Mr. Whitney concentrates his practice in bed bug litigation, termite damage claims and  consumer fraud cases involving fraudulent auto dealerships. He is a strong advocate of consumers’ rights and believes that consumers must be fairly treated in all transactions. When litigation must be initiated to achieve a fair resolution of his clients’ cases, Mr. Whitney does not hesitate to file suit and provide vigorous advocacy.

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Grant Schwarz
Managing Attorney
GS Law Group

Mr. Schwarz provides representation for individuals who have suffered injuries as a result of others negligence. He has recovered millions of dollars in damages for his clients and is available to provide a free case evaluation to discuss your personal matter. As a criminal defense attorney, Mr. Schwarz provides aggressive and affordable representation for anyone charged with a crime or traffic offense in the State of Florida. He also provides legal representation for restraining orders, injunctions and family law / dissolution of marriage matters. Please see Mr. Schwarz’s website at www.bedbuglaw.com

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Matthew J. Youssef
Partner
Niles Barton & Wilmer LLP

Mr. Youssef is a partner in the firm’s Corporate and Litigation Departments. He has broad litigation experience across the Mid-Atlantic region. Mr. Youssef regularly represents community associations, hotels, restaurants, and retail businesses in commercial and consumer disputes ranging from liability claims, employment disputes and intellectual property infringement. He has represented landlords, apartment complexes, short term rental operators, property managers, and hotels in bed beg claims.

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Description

Environmentally driven changes in pesticide use have reawakened a threat long thought destroyed. Cimex lectularius--the common bed bug--has been causing injuries in hotels and other rental properties at an alarming rate. Six- and seven-figure verdicts and settlements are not unusual. Thus, whether pursuing or defending these claims, trial counsel must be entirely up to speed on the issues.

One element of complexity concerns the varying duties owed by potential defendants, ranging from long-term landlords to short term Airbnb type arrangements. Manufacturers and sellers of furniture--particularly used furniture--also face exposure. Legal issues concern negligence; the warranty of habitability; causal connections; duty to mitigate and remediate; abatement of rent; right of access; cost-sharing and shifting; proof of injury; and the scope of legally-cognizable damages.

There are practical aspects to bringing and defending these claims. Because it can take several days for a bite to manifest itself, an injured party traveling from city to city may not know where the attack occurred and certainly is in no position to preserve evidence. Property owners, on the other hand, must take care to regularly document efforts to detect and respond to bed bug issues.

Listen as this panel of bed bug litigation veterans defines the issues raised by these claims, discusses the applicable law, and reviews the steps necessary to bring or defend a claim.

Outline

  1. Potential defendants
  2. Theories of liability
    1. Simple negligence
    2. Warranty theories
  3. Potential proof problems
    1. Evidence of infestation-causing injury given lapse of time
    2. Valuation of damages
  4. Defense positions

Benefits

The panel will review these and other vital issues:

  • Places where bed bug related claims originate
  • Potential defendants for such claims
  • Manners and methods of proving liabilty and damages
  • Steps available to protect from legal exposure