There are few things that can make a vacation more miserable than bed bugs. The notoriously resilient parasites have roamed the earth since the days of the dinosaurs and can sap your sanity almost as easily as your blood.
It’s impossible to know how common bed bugs are in South Carolina, as the state doesn’t track or monitor reports of bed bug infestations. However, there are user-submission databases like Bedbug Reports and The Bedbug Registry with hundreds of accounts of the blood-sucking parasites.
Greenville, in particular, is a bed bug hotspot, according to pest control company Orkin. Every year the company analyzes commercial and residential Orkin treatment data to rank the worst metro area for bed bugs. Last year, Greenville was ranked as the 27th worst city in the nation.
But if you encounter or bring home an infestation from a shop or rental property in the Palmetto State, does South Carolina offer any legal protections? Here’s what the law says.
While more than 20 states have laws specifically addressing bed bugs on the books, South Carolina isn’t one of them.
According to a fact sheet from the former South Carolina Department of Health and Environmental Control, “South Carolina has no general laws, regulations, or funding to address bed bug infestations in businesses or homes. Bed bug problems are a private sector responsibility.”
Although DHEC split into the Department of Public Health and the Department of Environmental Services last year, both agencies confirmed that they cannot regulate or respond to bed bug-related issues outside of state-licensed health facilities.
But according to Columbia-based lawyer Trevor Eddy, South Carolina law provides some less specific that can still apply to bed bug encounters.
“The only recourse that victims of bed bug injuries have is through the civil court system,” Eddy said. “The only thing that can be done is just sue them, pile up lawsuit after lawsuit until someone starts affecting some change.”
Eddy, who said he’s represented clients in 300 to 315 bed bug-related lawsuits and is currently involved in 100 to 120 more suits, told The Sun News that the Grand Strand is a hot bed for pest lawsuits, but the parasites are found across South Carolina.
“I’ve had a dozen or so [bed bug lawsuits] in Columbia, a few in Greenville and Spartanburg, a few in Rock Hill, two over in Charleston, one in Hilton Head,” Eddy said. “The overall majority, 85% or so, are all in Horry County. With some of these hotels and resorts, I’ve now sued four or five or even six times.”
Without bed bug-specific laws, Eddy said civil suits in South Carolina rely on premises liability law, which holds property owners responsible for maintaining a safe environment and protecting visitors from injury.
“When people hear about premises liability, they’re hearing about it in a slip-and-fall context, which is a subset of premises liability … but it’s more broad than that,” Eddy said. “It encompasses a whole bunch of duties that a business owes to its customers, its guests, and those include the duty to inspect, the duty to warn, the duty to make safe.”
Susan Cohen, president and CEO of the South Carolina Restaurant and Lodging Association, believes infestations may be more rare and said lawsuits aren’t necessarily a good indicator of true infestations.
“We get so few calls, more anecdotal than anything else. We’ve seen an uptick in the Myrtle Beach area of suits filed, [but] I don’t know the results of those,” Cohen said. “A lot of times, unfortunately, you will find a hotel, insurance company or whatever, just settles it to end the dealing with it quickly.”
Like the state, the South Carolina hospitality industry doesn’t have a mechanism for reporting or addressing bed bug infestations. However, Cohen said there are steps visitors can and should take with property management if they believe they’ve encountered an infestation.
“They certainly need to let the hotel or rental property know immediately so that it can be investigated,” Cohen said. “Unless [management] are just bad operators, they’re going to want to address it. They don’t want them any more than the person who says they encountered them.”
In addition to stopping the spread of a potential infestation by notifying staff, if the issue can be resolved directly it could save the time, money and stress of a lawsuit.
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The Sun News
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Maria Elena Scott writes about trending topics and what you need to know in the Grand Strand. She studied journalism at the University of Houston and covered Cleveland news before coming to the Palmetto State.