The New Battlefield in Habitability Cases

Plaintiff’s counsel walks out from counsel’s table, dressed in a sleek, navy blue, fully tailored suit, to address the jury in her opening statement. She begins by repeating a common phrase, “A home is someone’s sanctuary.” She then explains how the plaintiff was at a low point in her life until she found a quaint ADU toward the back of the defendant landlord’s property. The ADU was within walking distance of Ms. Plaintiff’s favorite coffee shop, was just the perfect size, and made Ms. Plaintiff feel safe because she shared no walls with anyone else. Ms. Plaintiff had not been this happy in a long time. However, a year later she woke up with bed bug bites on her legs and arms. From that point on, her life was turned upside down, and she would never be the same again.

It is stories like these, involving an apparent violation of a sacred space (i.e., the home or another place of rest and safety such as a hotel), that resonate with juries. Cases involving bed bug claims often carry a powerful narrative like Ms. Plaintiff’s: a tenant discovers bites in what should be a place of safety and rest, and the claim quickly escalates into allegations of negligence, breach of implied warranty of habitability, and emotional distress. It is therefore, no surprise there has been an uptick (no bug pun intended!) in bed bug claims in litigation involving landlords, property managers, and hotel chains. In June 2025, two plaintiffs were each awarded two million dollars after encountering bed bugs at a hotel.[i] Just this year, a jury awarded $254,500 to a family who became exposed to bed bugs while staying in lodging offered at an indoor water park resort.[ii]

However, as defense attorneys we cannot let the emotional overlay of bed bug cases speak louder than scientific reality to a jury. Yes, science is our friend! Biological realities and the underlying science related to bed bug behavior can support a powerful defense theme. While juries will often assume the landlord is at fault such as in the hypothetical example case this article began with, science can show otherwise.

Enter the Entomologist!

Entomologists study insects such as bed bugs, spiders, scorpions, and the like. Entomologists know how bed bugs operate. For example, entomologists can explain that bed bugs are “obligate parasites” which means they need a host to survive such as a human.[iii] Entomologist can also explain that bed bugs cannot survive outdoors and they need shadowed sanctuaries near their human host food source.[iv] Importantly, entomologists are the experts in explaining that bed bugs commonly travel by hitchhiking on humans. Bed bugs can catch a ride on a person’s clothing or shoes.[v]

All this bed bug knowledge is vital for grounding a jury in reason and fact, instead of assumptions which can produce unfounded anger against the landlord, to avoid a Nuclear Verdict®.

Investigating Origin Early

Let us turn back to the hypothetical case that started our bed bug journey. In that case, retaining an entomologist early is crucial. Based on my experience with entomologists in bed bug cases, a retained entomologist in our sample case would want to know the configuration of the ADU, whether the ADU shares any walls with other residences, if there are other residential structures near the ADU, whether the tenants in those have had bed bugs, when Ms. Plaintiff first discovered signs of bed bug intrusion, and last, when Ms. Plaintiff had guests visit her ADU.

In our sample case, let us assume the ADU is a single-story space with one bedroom, as previously mentioned by Ms. Plaintiff’s counsel during opening statement, shares no walls with any other residence. Further, assume the ADU sits on a two-acre lot that also has a three-bedroom home towards the front that sits about 300 feet from the ADU. The tenants renting the three-bedroom home have already confirmed with the Defendant landlord there have never been any signs of bed bugs in their house. Finally, we already know that Ms. Plaintiff first discovered the signs of bed bugs after a year of leasing and living in the ADU. Last, assume that Ms. Plaintiff is social out in public venues and frequently has guests over she has known for years but Ms. Plaintiff has only recently met some of her invitees during a visit to her favorite coffee shop only walking distance away.

These facts are gold for finding the underlying cause of how the bed bugs likely entered Ms. Plaintiff’s prized ADU and begs for the involvement of an entomologist’s expertise.

California law imposes broad obligations on landlords to maintain rental properties in a habitable condition. Under California’s implied warrant of habitability framework, residential premises must be maintained in a condition fit for human occupancy.[vi] Bed bugs fall squarely within the category of vermin contemplated under the statute. However, given my experience with using entomologists, one here would likely have the opinion that the bed bugs probably entered the ADU by hitchhiking on Ms. Plaintiff or one of her guests because the ADU does not share any walls with any other residence, is not immediately next to a residence, the other tenants on the property have never had any issue with bed bugs, and Ms. Plaintiff went a full year of ADU bliss before noticing the signs of bed bugs. An entomologist’s analysis can provide insight into the origin of the bed bugs, whether an infestation existed before a tenancy began, or whether it was introduced later through human activity. This opinion would support the argument that the landlord did not cause the infestation and had no duty to eradicate the bed bugs as the landlord played no part in introducing the bed bugs into the ADU.[vii]

Settlement Pressure

Turning back to our hypothetical case, assume that once Ms. Plaintiff notified the landlord of the bed beg infestation, the landlord promptly requested to enter the ADU and have it professionally cleaned and treated by a pest management professional. In addition to helping to personalize the landlord defendant and empower the defense to argue the landlord accepted responsibility to rectify the situation, early expert analysis by an entomologist can help the defense narrow disputed issues, clarify causation questions, develop liability defenses, reduce uncertainty in claim valuation, and create leverage during mediation or settlement negotiations. The entomologist’s opinion will undeniably assist in applying pressure on the opposing side to resolve the claim or case during informal settlement talks or mediation prior to trial.

If you have a bold opposing counsel who is willing to take on the risk of trial like our tailored, navy suit-wearing friend in our sample case, you can be assured that common sense will meet science. In our sample case, the entomologist would explain to the jury just how science shows the landlord had nothing to do with the bed bugs and unfortunately Ms. Plaintiff’s friendly and social ways did her a disservice this time. Do I sense a defense verdict?

Takeaway

Bed bug claims are increasingly common and often have strong emotional narratives. However, liability frequently turns on how an infestation began rather than simply whether bed bugs were present. The biological behavior of bed bugs often reveals a more complex story than initial allegations suggest. In bed bug cases, biology may be the best defense witness.

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Sources

[i] https://www.usatoday.com/story/news/nation/2025/06/05/hotel-guests-bed-bug-lawsuit-award-california/84055445007/

[ii] https://www.prnewswire.com/news-releases/california-jury-verdict-against-great-wolf-lodge-for-254-500-in-bed-bug-trial-highlights-rare-hotel-guest-exposure-wins-302701803.html

[iii] https://pmc.ncbi.nlm.nih.gov/articles/PMC8569396/

[iv] https://www.gunterpest.com/news/can-bed-bugs-live-outdoors-in-your-lawn/#:~:text=Outdoor%20environments%20do%20not%20provide,First%20And%20Most%20Important%20%E2%80%93%20Food

[v] https://consolidatedpestcontrol.com/do-bed-bugs-live-outdoors/

[vi] Cal. Civ. Code 1941.1

[vii] Cal. Civ. Code §§ 1929 and 1941.2 (1).