Handling Cases Nationwide
What could be dangerous about something as peaceful and relaxing as a spa or hot tub? Quite a few things, as it turns out. Several thousand people are injured every year in spa and hot tub accidents. Some of these injuries are minor; however, some are catastrophic and can cause permanent disabilities and injuries or even death. This is true regardless of whether the spa or hot tub is owned and operated by:
- A private individual;
- A city or township;
- A school or college; and
- A hotel or resort.
A spa or hot tub presents all of the same drowning and near-drowning dangers that are present in pools. In addition, spas and hot tubs must also be regularly treated with chemicals that are similar to the chemicals used to treat pools. Consequently, the same type of chemical injuries that swimmers are at risk of sustaining in a pool are also present in a hot tub or spa. But because of the high temperatures of the water, a spa or hot tub may also present additional cardiac and other risks to users that are not found in pools.
Determining Fault After a Hot Tub or Spa Accident
Most owners and operators of hot tubs and spas do not intend to hurt anyone. Nevertheless, people can be and are hurt by hot tubs and spas on a regular basis. In determining whether the owner or operator of a hot tub or spa is responsible for paying compensation to the injured party, the law does not focus so much on whether the owner/operator intended to hurt the victim (although, to be sure, an owner/operator that does intend to hurt others can be held responsible for the injuries and losses sustained by those victims). Instead, the law examines whether the owner/operator acted reasonably in trying to prevent injuries from happening. For example:
- An owner/operator who properly fences off the hot tub, posts appropriate warning signs about the dangers of using the hot tub or spa with certain health conditions, and properly maintains the drain covers of the tub and uses appropriate amounts of chemicals can be found to have acted reasonably in trying to prevent a hot tub or spa accident.
- Conversely, an owner/operator who does not fence off the hot tub to prevent children from using the tub without supervision, who does not post any warning signs about the dangers of the tub, and/or who allows the tub to fall into disrepair may be found to have acted unreasonably (i.e., negligently) in preventing injuries. An owner/operator who is found negligent may also be found to be responsible for compensating those who are injured by the hot tub’s dangerous condition.
Proving Negligence in Court
In order to recover compensation after a hot tub accident, you must show that either the owner/operator, some other person, or some combination of people acted negligently and this caused you to sustain your injuries. Negligence can be proven in court through:
- Eyewitness testimony from individuals who saw the person act carelessly;
- Confessions to acting negligently made by the individual;
- Experts who analyzed the scene of the accident and determined that careless actions played a role in causing the accident; and
- Evidence such as photographs, recordings, and other documents.
Contact Zinda Law Group
At Zinda Law Group, we are committed to helping our clients recover compensation following their injury accidents. We work hard to identify the cause of a hot tub or spa accident to ensure that we bring suit against all responsible parties. This helps our clients obtain the maximum amount of compensation possible for their injuries and losses. Contact us today at (800) 863-5312 to discuss your hot tub or spa accident case.
