Don't Let the Bed Bugs Bite!

I've always had a phobia about insects, and have long been suspicious about the cleanliness of hotels, motels, airplanes, restaurants, and other places that are a necessary aspect of travel. So I've been freaking out since all the talk started up about the resurgence of bed bugs in the USA. Talk about a perfect storm of heebie-jeebie creation!

But this post isn't about the state of my mental health, although it may be suspect. I've been thinking about bed bugs and municipalities.

Background

I'm sure you're well aware of the media hysteria about bed bugs. Pest control company Terminix released a study allegedly showing that Denver is the 6th most bed bug-infested city in the country.  Another list pegs Denver at No. 4!

The Denver Post recently characterized the bed bug resurgence as a "runaway train."  Bed bugs are said to be marching through hotels, motels, offices, libraries, and theaters, and heading straight for your home and your lovely warm bed. And apparently bed bugs have mutant superpowers, giving them the ability to evolve instantaneously to protect themselves against strong pesticides!

Is the hysteria warranted? I don't know. But the City and County of Denver is concerned enough that it has put up a helpful page on the denvergov.org site. You've probably heard about Denver Public Library books returned with bed bugs inside. And there was a hair-raising story about Denver firefighters having to battle bed bugs that were escaping from a burning house.

One of the "good" things (yeah, right) about bed bugs is that they are not known to be carriers of any illnesses. So from the standpoint of the human body, the major consequence of a bed bug bite is a little itch or rash. (From the standpoint of the human psyche, though, it's heebie-jeebie time.)

Some Scenarios

So let's posit a few scenarios about bed bugs, liability, and insurance.

Scenario One: One of your Town's firefighters goes to Denver for a 3-day training session. He wants to continue his workout routine while there, so he takes along his duffle bag of workout gear. Upon his return to the Town, he stashes the duffle bag in his locker at the fire station. Some time thereafter, it is discovered that bed bugs have infested the station. Can the Town look to its property insurance coverage to clean up the infestation?

The answer: most likely not. Most property policies contain an exclusion for loss or damage to property arising from insect infestation. CIRSA's coverage is typical in that regard.

Scenario Two: Same as above, but your firefighter now has a serious case of the heebie-jeebies. He's found a red spot on his arm that might have been a bed bug bite. He's convinced that the bed bugs came into town in his duffle bag. He misses several days of work, then files a workers' compensation (WC) claim. Is this compensable?

The answer: probably not, although this is an emerging area of the law. One issue, of course, is the cause and origin of the red spot on the firefighter's arm. And, if he was bitten by a bed bug, did it occur in the course and scope of employment? Who can say when and where the bite occurred? Moreover, what was the illness or injury? The red spot on his arm didn't amount to anything. A stress claim? Well, in Colorado, WC claims for mental or emotional stress are limited - they're not viable if the hazard is one to which someone is equally exposed in and out of the employment context.

Scenario Three: The Town's public library holds its annual book sale. The inventory consists of decommissioned library books as well as donated books. Someone purchases a book and takes it home. A few weeks later, when she opens the book, a bed bug crawls out. She gets a serious case of the heebie-jeebies and threatens to sue the Town. Can she succeed in a suit?

The answer: Most likely not. This is an area where the Colorado Governmental Immunity Act (CGIA) will likely protect the Town. The scenario doesn't fall within one of the six areas where municipalities are vulnerable to suit under the CGIA. This would be the case whether the book in question was a former library book, or a donated book. Moreover, who knows whether the bed bug came home with the book, or whether it found a home in the book after our purchaser took the book home? Proving cause and origin is going to be a huge hurdle in many a bed bug situation.

Scenario Four: A regular Town library user finds that bed bugs have infested his home. He alleges that the bed bugs must have come from the library. The library is shocked by the allegation because no one else has made such an accusation. But a bed bug-sniffing beagle is sent to sniff around the library, and some bed bugs are found. Library user threatens to sue the Town. Can he succeed in a suit?

The answer: Probably not. One of the six areas under the CGIA where the Town is vulnerable to liability is a dangerous physical condition of a public building, caused by the Town's negligence in constructing or maintaining the building. Would this apply to the scenario? It seems questionable. Was this a failure of maintenance? It doesn't seem so; the library had no reason to think it had a bed bug problem. And is it a "dangerous" condition, anyway? That seems questionable, too. And who knows whether the user brought the bed bugs home from the library, or whether he brought them to the library? Again, a big cause and origin problem.

Bed Bug Resources

CIRSA's lovely and talented Loss Control Department recently put out a Hazard Alert on bed bug issues for CIRSA Property/Casualty members. Members can find it in the Loss Control section of the CIRSA website.

The Colorado Department of Public Health and Environment have some helpful resources available, check this out, and also this.

There are some websites devoted to logging bed bug sightings around the country on a state-by-state basis. You can find them by searching terms like "bed bug reports" or "bed bug registry." I'm not sure about the utility of these sites, as the data is only as reliable as the people reporting it; and some of the sites look like their primary purpose is to sell you bed bug paraphernalia. They are good for some heebie-jeebie value. This seems like a helpful site.

MSNBC has a pretty good bed bug Q&A here.

ABC had a good article on avoiding bed bugs while traveling.

Good night, sleep tight!