QUESTION

Can I sue my boyfriend’s ex baby mama for giving us infestations?

Asked on Nov 26th, 2016 on Personal Injury - California
More details to this question:
My boyfriend gets his son on the weekends and in 2014, she gave us all scabies by dropping off her son knowing he had scabies but refused to take him to the doctor. Then she gave us bed bugs because my boyfriend’s son said his mom has a lot and we had to throw the mattress out again and spend a lot of money to get rid of these things. So finally, a year went by with no bed bugs then all of a sudden, I see a lot around my bed and my 8 month old son got bit on his face. I ask my boyfriend’s son if he has bugs. He told me yes he does have bed bugs! I was so mad because she was dropping off her son here with the infestation and now my baby boy has to suffer. Plus we are going to have to spend a lot of money to completely get rid of the bed bugs once again. My boyfriend texted her and she said she used to but she does not anymore but her son just told me she does! And it’s obvious because we have them clearly from her. This is the 3rd time. She gave me and my family an infestation whether it is scabies and bed bugs. Now, my 8 month old son is living through it.
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1 ANSWER

Since it is unreasonable to expect a child to warn others of such a problem, the mother does seem negligent [you can only include damages caused in the two year period before suit is filed]. Your big problem will be how are you going to collect anything? You can not go after the child support and a certain amount of her wages are protected. You also have to prove the bed bug problem came from her home [you should attempt to visit it before suing]. The testimony of a child does not have much weight behind it.
Answered on Jan 14th, 2017 at 5:25 AM

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