The Datny Law Firm in Boca Raton, Wellington and Winter Park, Florida is pleased to report a new bed bug personal injury settlement. While the settlement is Confidential, we can share some general background information on this win.
The Facts
Our Client was on a family vacation for the Fourth of July at an Orlando area hotel. Unfortunately, her vacation was ruined when she woke up with bites from bed bugs. She had bites to her entire body including her face, cheek, under her eye, neck, back, shoulder, arm, hand, buttocks, legs, feet, toes and elsewhere.
The bites were incredibly painful, visible, and embarrassing. All of the bites itched constantly. Many bled as a result. Several of the bites blistered over during the healing process which again was painful. It impacted her activities of daily living as well as employment.
Upon inspection, the Client discovered bed bugs in the hotel bed she slept in as well as on the comforter. She immediately took photographs of the bed bugs as well as videos of them. Next, the Client reported the incident to the front desk manager who was not overly sympathetic or helpful, but she was given a new room. The manager also indicated the hotel would investigate her claim and get back to her.
After checking out of the hotel, the Client tried to follow up with the front desk manager about the outcome of their investigation and her worsening bed bug bites, but she did not have any success. The Client tried to escalate the situation and speak with others in management as well as claims for the hotel, without response. Ultimately, the Client received a claim denial from the hotel.
The Client was very upset and called several personal injury law firms who declined to take her case. Luckily, she was referred to The Datny Law Firm. We took her case and won, but it was not a simple task.
After hiring us, we sent a notice of claim and letter of representation to the hotel. The hotel through their claims adjuster denied the claim indicating a room inspection failed to identify any bed bugs. Based on this fact, we were told the denial was firm. Most hotels and resorts will take this same position if the inspection comes back negative for bed bugs. A negative inspection is sometimes deceptive or misleading when it comes to whether bed bugs were in the room as it really depends on how long after the incident the inspection took place and whether the rooms adjacent, above and below were also inspected.
In response to the denial, we presented the photos/videos our Client took of the bed bugs, but they provided little background context for claims to verify the location or the date/time they were taken.
What changed everything was Datny Law’s ingenuity and technical ability to download the metadata on the photos/videos which proved the date, time and precise geolocation they were taken. This evidence proved the bedbugs depicted were at the subject hotel. As a result, the hotel reversed its denial and The Datny Law Firm was able to negotiate a favorable settlement for our deserving Client.
One of the major takeaways from this successful bed bug settlement was the crucial role documentary evidence played in overcoming a hard denial. Just as important as taking videos and photos of the injury causing condition, in this case the bed bugs, was the preservation of the actual files themselves. The metadata on the files contains important information and evidence which can be useful in negotiating your claim. To learn more about what to do after an accident, which applies equally to bed bug cases as it does slip and falls, click the link to learn more.
If you need help after a bed bug injury, The Datny Law Firm is here to help. Call 561-221-7474 any time for a consultation with our Florida Bed Bug Lawyer. We represent bed bug injury clients and other personal injury victims throughout the State of Florida from the Key West to Miami Beach to Naples and Marco Island to Fort Lauderdale and West Palm Beach all the way to Orlando, Winter Park and Kissimmee.