A California man staying at a Las Vegas Strip resort over the holiday season said he is considering legal action after he said his testicles were stung by a scorpion while he was asleep.
If a singular rat had run in the alley door and bit a patron, abso-fucking-lutely. I expect places serving people food or shelter to be clean, not literally unenterable by vermin. They don’t make pest force fields.
The presence of one pest is not an infestation, it’s a call to action to make sure an infestation doesn’t happen. I’m not saying that the resort should do nothing now. They should have the place sprayed (or likely sprayed again, because they probably already are) at minimum, and probably have pest control do a targeted look for signs of an infestation just to be safe.
The only way that the resort should be liable to the presence of a single pest is if it had not done what could reasonably be expected to prevent infestations or did nothing to address it after the fact. Expecting that they keep literally every single bug out of the property is not reasonable. It’s impossible.
Now, if he had reason to believe or evidence to show that the resort had not done the minimum expected due diligence to prevent pests and that had resulted in his injury, then yes, by all means blame them. Maybe he does have that. Maybe he or other patrons have seen a lot of pests on the property. Or there may even have been others with scorpion injuries before. If it’s apparent that the resort did not take action when signs of infestation were obvious or reported to them, that’s negligence. They should be sued for that. But if a single random incident is all that he has… that’s not grounds for claiming they’re negligent.
If a singular rat had run in the alley door and bit a patron, abso-fucking-lutely. I expect places serving people food or shelter to be clean, not literally unenterable by vermin. They don’t make pest force fields.
The presence of one pest is not an infestation, it’s a call to action to make sure an infestation doesn’t happen. I’m not saying that the resort should do nothing now. They should have the place sprayed (or likely sprayed again, because they probably already are) at minimum, and probably have pest control do a targeted look for signs of an infestation just to be safe.
The only way that the resort should be liable to the presence of a single pest is if it had not done what could reasonably be expected to prevent infestations or did nothing to address it after the fact. Expecting that they keep literally every single bug out of the property is not reasonable. It’s impossible.
Now, if he had reason to believe or evidence to show that the resort had not done the minimum expected due diligence to prevent pests and that had resulted in his injury, then yes, by all means blame them. Maybe he does have that. Maybe he or other patrons have seen a lot of pests on the property. Or there may even have been others with scorpion injuries before. If it’s apparent that the resort did not take action when signs of infestation were obvious or reported to them, that’s negligence. They should be sued for that. But if a single random incident is all that he has… that’s not grounds for claiming they’re negligent.