HOT TUB ACCIDENTS
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Hot tubs are often a fun way to relax and unwind, but unfortunately, they also pose many dangers, especially to children. While hot tubs are generally shallower than most swimming pools, they pose many of their own dangers, especially if they are defective or the area around them is unsafe. Unsafe hot tubs can cause unsuspecting victims to suffer injuries or even death.
Unfortunately, hot tub injury cases are also particularly complex; many factors may impact your case whether you were injured by a personal hot tub or one at a spa, hotel, or other public place. If you or a loved one have been injured in an accident involving a hot tub, you should contact the experienced hot tub accident attorneys from Zinda Law Group by calling (800) 863-5312 as soon as possible. If we are not able to win your case, you will not owe us anything.
hot tub accident statistics
According to a 2019 report by the U.S. Consumer Product Safety Commission, there were approximately 6,600 children under the age of 15 treated each year for nonfatal injuries caused by pool or spa submersions between 2016 and 2018. Meanwhile, about 73 percent of these injured children were under the age of 5. Further, about 363 fatalities involving children under age 15 were caused by pool or spa submersions on average per year between 2014 and 2016; between 2010 and 2018, there were 47 accidents involving electrocutions in pools and spas that resulted in injury or death, with at least 33 confirmed fatalities since 2002.
Common Causes of Hot Tub Injuries
As the number of hot tubs, also known as spas or Jacuzzis, being installed at public pools, gyms, hotels and resorts, apartment and condo complexes, and private homes continues to increase, so too does the number of accidents and injuries related to hot tub usage. Some of the most common causes of these accidents include:
- Slip and fall accidents
- Burns from hot water
- Negligent supervision
- Defective thermostats which may cause water temperatures to rise to unsafe levels
- Skin infections, especially in open wounds
- Allergic reactions to materials used in treating the hot tub
- Severe cuts potentially caused by protruding objects or loose trim
- Faulty drains that may actually pull a victim underwater and lead to drowning
Who Might be Liable for a Hot Tub Accident?
- Owner or operator of a spa, hotel, resort, or gym if they failed to maintain a safe hot tub, spa, or steam bath conditions
- Manufacturer of a defective hot tub for producing a defective product such as a hot tub that is not able to properly regulate water temperature
- Distributor who marketed or sold a defective product to the final buyer
What Should I Do After a Hot Tub Accident?
- Seek immediate medical care to diagnose and treat any injuries.
- Maintain thorough documentation of your medical bills, accident reports, and any other evidence of your injuries or the accident.
- Take as many pictures and videos as possible, including of your injuries, the hot tub or spa room, and the surrounding area, any factors that may have helped cause your accident.
do i need a personal injury attorney?
Whether you or a loved one were injured in someone’s hot tub at their home, in an accident at home with your own hot tub, or at a public spa—including those at resorts, hotels, apartment complexes, or other shared spaces—you should still speak to a lawyer about the accident and your injuries. Even if the accident occurred at your home, you may still be able to seek compensation from the manufacturer of the hot tub or the retailer who sold the tub to you if it was defective, or you may be able to sue a third party if you hired someone else to install the hot tub.
By speaking to an experienced hot tub accident lawyer as soon as possible after your accident, you can better understand your legal options, including who may be liable for your injuries, such as the manufacturer, retailer, property owner, negligent staff member, or some other party. Further, your lawyer can explain the laws in your state that may govern any claim you have, such as premises liability laws if you are pursuing a claim against a property owner, product liability laws if you are suing the manufacturer or retailer of a defective hot tub, or simply personal injury laws for most other claims.
Your attorney will discuss the amount of compensation you may be entitled to depending upon the extent of your injuries and other factors. Finally, your attorney will help you understand the necessary timetable for any claims or lawsuits that you may pursue to seek compensation, based on your state’s relevant statute of limitations.
Finally, while you likely need an injury lawyer to pursue a claim after you have been hurt in someone’s hot tub, it is often especially critical to make sure that you hire a personal injury attorney who has years of experience in handling other injury claims similar to yours. At Zinda Law Group, our skilled team is experienced in helping victims of hot tub accidents and other water injuries pursue the maximum compensation they may be entitled to. Further, they understand how pursuing compensation for a hot tub accident can be different from other personal injury claims, such as car accident claims.
Your hot tub accident attorney from Zinda Law Group may use their experience to your advantage in helping you seek maximum compensation while taking steps such as:
- Conducting a thorough investigation of your accident
- Gathering as much evidence as possible to support your claim, including thorough documentation of the extent and cost of your injuries both financially and in terms of pain and suffering
- Determining who may be liable for your injuries, whether a manufacturer, property owner, or others
- Filing a lawsuit on your behalf while focusing the claim under the appropriate laws, such as product liability laws or premises liability laws
- Negotiating with the other party’s insurance company on your behalf to ensure any settlement is fair
- Taking your case to trial and presenting evidence to the jury to support your claim for compensation by proving the other party’s liability and the extent of your injuries and damages
How Long do i have to file a lawsuit?
Generally speaking, the length of time you may have to file an injury lawsuit will depend on your state’s relevant statute of limitations on that particular type of claim.
Statute of Limitations
The statute of limitations in your state sets forth the legal time limits within which you must bring any claim for compensation. If you attempt to file a lawsuit after the statute of limitations has expired, your lawsuit will generally be dismissed unless a narrow exception may apply based on your state’s law. The finality of these legal time limits makes it critical that you speak to a personal injury attorney as soon as possible after your accident to make sure that you do not wait too long and risk missing your window, rendering you unable to pursue the compensation you may have been entitled to.
How Long is My Statute of Limitations?
Several factors come into play when determining how long the statute of limitations may be for your individual hot tub accident case. First, these time periods vary from state to state, although many states tend to set their statute of limitations for personal injury lawsuits at either two or three years from the date of the accident. Your applicable time frame will also depend on which type of claim you will be pursuing; in many states, the applicable statute of limitations for product liability lawsuits for defective products may be different from the statute of limitations for a premises liability claim against a property owner, which tends to fall within the state’s broader statute of limitations for personal injury lawsuits.
Are There Exceptions to the Statute of Limitations?
Depending on your state, there may be an exception to the applicable statute of limitations in only a narrow set of situations. For example, many states have an exception that applies if the victim was a minor under the age of 18 at the time of the accident. In cases like these, many states provide that the statute of limitations will not begin running until the child reaches the age of 18, and then it will begin running from the date of the child’s 18th birthday.
Meanwhile, many states also allow for an exception in cases of disability, where the statute of limitations will not begin to run while the person is considered to be disabled as defined under state law. For example, if a victim is put into a coma after the hot tub accident, they may be considered disabled, meaning the statute of limitations would not begin running until if and when the victim wakes up from the coma and the disability is considered lifted. However, this exception generally will not apply if the victim was not disabled at the time of the accident and later becomes disabled, such as by getting into a car accident sometime after the hot tub accident.
CONTACT a hot tub accident attorney TODAY
Similar to pool accidents and other water injuries, hot tub accidents can be complex and may involve multiple areas of law, including premises liability, personal injury claims, or product liability claims. As a result, you may need an injury lawyer to help you understand what to do after your accident as well as your available options, including who may be liable for your injuries and whether you may be able to pursue a legal claim to seek compensation. Understanding your legal options will be critical to determining your next steps; fortunately, the skilled team of water injury lawyers at Zinda Law Group can handle your case for you while you focus on recovering from your physical injuries.
The personal injury attorneys at Zinda Law Group have years of experience in helping similar victims who were injured in accidents involving a personal hot tub or a public spa.