What to do if I purchased a new box spring and bed 6 months ago and since then I discovered that the boxsprings were infested with bed bugs?

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What to do if I purchased a new box spring and bed 6 months ago and since then I discovered that the boxsprings were infested with bed bugs?

The extermination company did an inspection of the entire house and it was clear that the infestation was more than 4 months old and that it was isolated in the boxsprings that i purchased. I have a letter from the company that the evidence shows that the boxsprings were infested prior to delivering them to my house. I need an attorney that will represent me against the company to get back the money I spent to treat the house and replace the materials that were damaged due to the infestation.

Asked on October 12, 2012 under General Practice, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the manufacturer and the store where you purchased the box spring for negligence and strict liability.  You would file one lawsuit naming both the manufacturer and store where you purchased the box spring as defendants.  Your lawsuit would have separate causes of action (claims) for negligence and strict liability.

Negligence is the failure to exercise due care (that degree of care that a reasonable manufacturer would have exercised under the same or similar circumstances to produce a product that is not defective).  Strict liability is liability whether or not due care was exercised.  The seller (store where you purchased the box spring) is liable even if it could not have known of the infestation.

Your damages (the amount of monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your house and the replacement cost of the items in your house that were damaged by the infestation.

The letter you have from the company regarding the infestation is important evidence supporting your claim.

Prior to filing a lawsuit, it may be possible to settle the case with the insurance carriers for both the manufacturer and seller (store where you purchased the box spring).  If the case is settled with both defendants, NO lawsuit is filed.  If the case is NOT settled with either defendant, name both defendants in your lawsuit.  If the case is settled with the insurance carrier for one, but not both defendants, only name the party with whom the case has not settled as a defendant in your lawsuit.  If you are dissatisfied with settlement offers from the insurance carrier(s), reject the settlement offers and file your lawsuit for negligence and strict liability.

 


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