Can you sue a furniture lease company for brining a bedbug infested mattress into your home

Asked over 1 year ago - Ringgold, GA

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.

Attorney answers (6)

  1. Ashley Anne Digiulio

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . Absolutely! Call a personal injury attorney.

    The DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: www.atl-law.com Atlanta, Marietta, Lawrencevile,... more
  2. Jesse Cole Kent

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . 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.

  3. Fareesh S. Sarangi

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . Yes. If the damage is less than $15, 000 you can consider suing I'm Magistrate Court, commonly referred to as Small Claims. If the damages exceed $15k consult a personal injury attorney. Sorry this happened. Best of luck

    For more information, contact us at Fareesh@SarangiLaw.com or (770) 984-5380. The initial consultation is always... more
  4. Robert G. Rothstein

    Contributor Level 14

    2

    Lawyers agree

    Answered . Yes, if your lease does not precluded you from doing so with an arbitration clause or similar AND if you can prove you did not already have bedbugs, You will need a lawyer to put the proper evidence and investigation together for you and review your lease agreement.

    Disclaimer: This response is provided to you for educational and informational purposes only and no attorney-... more
  5. Robert G. Rothstein

    Contributor Level 14

    2

    Lawyers agree

    Answered . Yes, if your lease does not precluded you from doing so with an arbitration clause or similar AND if you can prove you did not already have bedbugs, You will need a lawyer to put the proper evidence and investigation together for you and review your lease agreement.

    Disclaimer: This response is provided to you for educational and informational purposes only and no attorney-... more
  6. Carmen S. Giordano

    Contributor Level 9

    3

    Lawyers agree

    Answered . You should sue them in small claims court. Try to stengthen your causation, proving no bed bugs before transport and in the new place before the bugs showed up.

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