Corporate Liability Extends Beyond the Franchisee to the Parent Company Where Bed Bug Management Systems Fail
Franchisors (Parent Hotel or ‘Parent’) typically contract with their franchisees (Individual Hotel or ‘Hotel’) to indemnify and hold harmless the Parent company from liability for the negligent acts of the Hotel in their franchise agreement. The privity of contract in that instance is between the Parent and the Hotel. The consumer (e.g., guest) is not…
Read MoreHotels Cannot Completely Rely on Their PMP to Avoid Liability
The general public relies on the hotel to provide a clean and safe environment. Joe Q Public has no relationship with the Pest Management Professional [PMP] and was not involved in the selection of the PMP hired. Therefore, the hotelier must ask, “Am I providing a safe environment for those leasing the space from me?”. …
Read MoreBed Bugs and Hotel Branding Risk Liabilities
Branding, which is important to hotels that franchise to independent operators carries risk as well. When a hotel guest signs their guest agreement with a hotel, the agreement represents that the guest is doing business with the corporate brand of the franchisor. This agreement carries with it an expectation that the hotel is providing a…
Read MoreOverbearing Costs of Bed Bugs in the Legal World – Why Leave it to Chance?
Bed Bugs are an increasing and growing threat to hoteliers throughout the United States. Hotels are faced not only with recurring costs associated with bed bug control but mounting legal costs and resulting loss of revenue. It is critical to note that the existence of a bed bug in a hotel property will not always…
Read MoreBest of Lipman Legal Series on Bed Bug Law
Some of our most popular blogs have been authored by Jeffrey M. Lipman, Attorney-At-Law and Polk County Magistrate Judge. The Lipman Law Firm practice handles consumer class action litigation, specializing in class action bed bug litigation. Jeff Lipman is a frequent speaker throughout the United States, including the National Pest Management Association and Entomological Society of…
Read MoreAllergy Technologies Announces Third ProActive Prevention Bed Bug Symposium to Be Held in Texas in May
For Immediate Release Contact: Bobby Kossowicz Phone: 908-930-6033 Email: bobby.kossowicz@allergytechnologies.com Click here to download this press release March 7, 2018 (Ambler, PA) – Allergy Technologies, makers of ActiveGuard® Mattress Liners, announced Irving, TX as the location of their third Proactive Prevention Bed Bug Symposium to be held on May 10, 2018. This symposium follows two prior…
Read MoreThe Potential for Class Action Status in Hotels with Bed Bug Infestations
Part II – Hotel Class Action in Practice The risk for class action status in hotels is real. Thus far, class action status for bed bug infestations has been granted in Iowa and South Carolina. The Iowa class action case involved two apartment buildings with a settlement of approximately $2,500,000. The South Carolina case, which…
Read MoreThe Potential for Class Action Status in Hotels with Bed Bug Infestations
Part I – The Basics Hotels face the potential for class action lawsuits when their properties are found to have a significant building-wide bed bug infestation. Class action lawsuits in bed bug cases are no stranger to both State and Federal courts in large apartment complexes. While the Elsie Mason Manor case that settled for…
Read MoreThe Great Expense of Bed Bugs and How to Avoid It
The dreaded budgeting season is upon us. As many hoteliers take a step back to evaluate the previous year they may be surprised to see how an unexpected guest may have negatively impacted their room revenue: Bed bugs! It’s true, bed bugs can have a quite a negative impact on your bottom line. Some hoteliers…
Read MoreEncasements and their Role in Integrated Pest Management – A Legal Perspective
Product manufacturers and Pest Management Professionals [PMP] typically advance the narrative that mattress encasements serve a role in bed bug prevention. While encasements serve as a tool in the PMP’s tool box for assisting in the prevention of progression of bed bugs by limiting their ingress and egress from the bedding covered, the primary function…
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