Three weeks ago we leased to purchased a twin size mattress from Aaron's rental co and with it came an infestation of bed bugs. We have bites all over us and the exterminator has advised 400.00 to treat and we have to remove all mattresses and our couch along with clothing that can not be heated to 120 degrees along with all bedding. Also I have a fourteen year old daughter on chemo with a low immune system and Aaron's will not return calls or speak to us. Can we sue for restitution for damage to belongings? We have pictures of the bedbugs coming from the mattress.
Yes, you can sue and you might have a case. Your problem is going to come when you have to actually prove that it was the mattress that had the bugs and that Aarons knew or should have known that the mattress had the bugs. You'll also have to prove that your home did not have bugs prior to the delivery of the bed and that the bugs did not come from another source. Simply telling the court that its not your fault and you didn't have bugs before you got the bed is insufficient. You'll need proof. You may have to subpoena the exterminator. Litigation could get costly; I recommend you file in Magistrate Court to keep the costs down.
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