Bed Bug Lawsuit Victory for Plaintiffs
A couple residing in New Jersey was awarded $49,000 in their bed bug lawsuit with J.C. Penney due to receiving bed bug infested bedroom furniture. The furniture had cost about $1600.
The couple claims that J.C. Penney had agreed to pay for the cost of removing the furniture and for exterminating the bedroom but failed to act.
I’m wondering how they know for sure that the bed bugs came from the furniture and they did not attach themselves to a visitor, a family member, or perhaps were attached to clothes or other items they purchased from other stores.
What makes the bed bug source even more questionable is that a spokesman for J.C. Penney stated they have not had similar lawsuits filed against them.
Did the jury actually have clear evidence the bed bugs came from the J.C. Penney furniture?
Even if they found bed bugs at the J.C. Penney store or warehouse, it might be difficult to prove that the bed bugs biting the family actually came from a J.C. Penney facility and not from some other place unless they put a J.C. Penney logo tattoo on bed bugs.
If you have bed bugs in your house Cryonite can destroy them.
Your questions are off point: the standard of proof in a civil lawsuit is a proponderance of the evidence, not beyond a reasonable doubt like in criminal cases. If you have a very sensitive scale and just one grain of proof shifts the ballance in favor of the plaintiff, the plaintiff wins. That’s why the Goldman family was able to have greater success with their civil suit against OJ Simpson than the prosecutors had.
In this case, a family is able to tie the bed bugs to J C Penny circumstantially through the locale and timing of the infeststation compared to the placement of the furniture. What does JC Penny have? An unsworn statement that they havn’t been sued before? It sounds like a good verdict to me.
12. Hey There. I found your blog using msn. This is a really well written article. I’ll be sure to bookmark it and come back to read more of your useful information. Thanks for the post. I will certainly return.