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Legal Ease: Bed Bug Service: Proceed With Caution
1 Jan, 2006 By: Andy Donaldson Pest Management ProfessionalDon't let poor training, weak contracts or limited documentation bite your pocketbook
Bed bugs, Cimex Lectularius, are garnering a lot of attention lately —and for good reason. This once uncommon insect within the United States was all but forgotten just a few years ago. With our global economy and relative ease of travel around the world, however, this hitchhiking insect is back on the rise.
As with any increased infestation activity, the potential for litigation also rises. Currently, the trend in claims and/or litigation related to bed bugs seem to be associated with hotels (such as New York City's Hotel Pennsylvania, recently sued by two apparently bed bug-bitten international travelers), condominiums, cruise lines and apartments. However, this may quickly change if the infestations are not recognized and eliminated quickly.
LEARNING CURVE
In many areas of the country, the industry has seen a significant increase in bed bug cases, and these are starting to cross the line from the typical commercial accounts to residential accounts as well, said Paul Bello of PJB Pest Management Consulting in Atlanta. Meanwhile, the industry seems to be scrambling to develop the best methodologies and products with which to wage the bed bug battle.
"There are not as many products labeled for bed bugs because we have not had to deal with them for such a long time," Bello said. "Some of the techniques, knowledge and experience from the past may be needed, in combination with today's techniques such as steam vacuuming and careful application of labeled products.
"It's likely that the overwhelming majority of service technicians and managers have not yet seen a live bed bug and are in great need of proper training to deal with the increase in bed bug infestations more effectively," Bello added.
The first thing you need to do before you think about treating a bed bug infestation is to become as knowledgeable about this pest as you can. As with anything, you must first know how to identify what you are dealing with before you can treat it.
There are numerous resources available at your fingertips. For example, Michael Potter of the University of Kentucky hosts an incredibly informative Web site, www.uky.edu/Agriculture/Entomology/entfacts/struct/ef636.htm, on this insect.
(Editor's note: Pest Control also has devoted an entire section of its Web site to bed bugs. For further information, please visit www.pestcontrolmag.com.)
LOWERING LIABILITY
In litigation, one of the more difficult facts to defend is that the technician was not properly trained on treatment methods. Employees who know what they are doing can help decrease your chances of being involved in a lawsuit. Additionally, training should be properly documented within the employee and company files.
Your bed bug service contract is your first line of defense to any claim or lawsuit regarding your service and conduct at a customer's property. The contract should include what your responsibilities are and are not, as well as what is expected of the customer.
This agreement must be signed and dated by the customer and include clear disclaimers and exclusions including, but not limited to: property damage, bodily injury, linens, cleaning expenses, living expenses, medical expenses or damage from other insects. Tap the talents of an industry-experienced attorney to ensure a well-drafted contract that is not open to multiple interpretations.
(Editor's note: The National Pest Management Association has a sample bed bug contract available on its Web site. Go to http:// www.npmapestworld.org/TechSupport/ModelContracts.asp to see what the association has designed.)
Documentation along every step of the way can be one of your best defenses. What needs to be in each bed bug service file are the contract signed by the customer and any of the local regulatory compliance requirements including graphs or sketches of the area(s) to be treated; types and amounts of chemical(s) applied; and the application methods as well as any additional inspections conducted after the original treatment.
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