It is safe to say that accidents occur everywhere, and spas are no exception. You may get injured at a spa or while in a hot tub, and the ensuing expenses could be costly. Individuals who have been hurt should look for legal options to assist in their cases. Our team of attorneys at the Downtown LA Law Group can help you file a lawsuit for a hot tub or spa accident.
How can I get hurt in a spa or a hot tub?A spa often has various areas that have tables and tubs in it. The hot tubs are often hidden away and used for treatments. Hot tubs are also present at resorts and hotels, and can be used independently or with others. The risks present with these facilities should be acknowledged by all guests. Some of the potential dangers of hot tubs and spas include:
Many individuals expect to go into spas and hot tubs with no reason to worry about injuries. The facility should not be negligent and cause any damages. If an accident happens, you could sue the facility for damages.
Sundance Spas Recalls Hot Tubs due to Risk of Burn and Heat Stroke Injuries
A recall was issued by Sundance Spas on December 15, 2022, for around 23,700 units of their Jacuzzi and Sundance Brand hot tubs. Due to a defective temperature sensor, the user may not be aware of the water’s actual temperature, which can put them at risk of thermal burns and heat stroke. There have been almost 200 reports of incorrect temperature readings on these hot tubs so far. The manufacturer is urging consumers to check that the water temperature is no more than 104 degrees F before entering the tub.
If the external temperature reading is over 104 degrees, consumers can arrange for a free repair service through at www.sundancespas.com/en-us/find-a-dealer/ or www.jacuzzi.com/en-us/find-a-dealer/. If you’ve already suffered injuries from one of these tubs, agreeing to a free repair is the last thing you should do. Instead, call us right away to learn about your legal rights, which may include monetary compensation from the manufacturer. We can also advise you of the legal actions that are available to you, such as a class action lawsuit or mass tort with other accident victims that were injured by a recalled Sundance Spas hot tub.
In the next section, we will go over the steps you should take to document the harm you’ve suffered and ensure that you have the necessary proof to succeed in a hot tub accident injury claim.
It can be confusing to understand what to do after n accident in a hot tub or spa. The ordeal may be sudden and scary, and if you have the ability to gather as much evidence as you can at the scene of the incident, you should do so. With appropriate proof, you can sue the spa or facility for negligence. You will file a premises liability lawsuit, which requires that one of three circumstances be true: the facility knew about the hazard and did nothing to fix it, caused the hazard, or was unaware of the hazard but reasonably should have known about it. Your first step in filing a claim should be to preserve your health and go to the doctor for medical treatment. It is unwise to wait too long to visit the doctor; if you do not go quickly, your injuries may worsen over time. Further, if you go to the doctor after a long gap, the insurance agent can claim that you were not hurt I the hot tub or spa and that you are using the situation to your advantage. The sooner you sue after the incident, the smaller the window is for the insurance agency to make such a claim. You will benefit from having copies of the medical notes, doctor’s statements, referrals, prescriptions, hospital receipts, and more in your possession. You should take photos of everything available to you, including the injuries you suffered, the spa or hot tub room, the tub itself, the surrounding area, and ore. Videos can be used to show defects, as well. Hard evidence like photos and videos will benefit your claim because many facilities will try to remove you from the premises before you can gather proof, or they will try to fix the problem areas to prove that there were no issues.
Learn more about your legal options: call (855) 339-8879 to speak with a representative now.
If any eyewitnesses were present and saw the accident happen, or if they were also affected by the spa or hot tub, you should interview them and get their testimonies. These additional perspectives will provide your claim with the credence it needs to succeed. You should file an incident report with the spa or facility to alert them to the issue with the tub and to inform them of the incident. You may request other information, like their corporate office’s phone number or how to contact them if you sue. Finally, you can reach out to an attorney to help you sue a facility for an accident and injuries at a spa or hot tub. Many individuals do not get legal help because they feel their cases are open and shut, but this is seldom the truth – especially for those who do not have previous legal experience. A lawsuit can be time-consuming and require you to have expert knowledge of the law, a lot of time to pursue the claim, enough money to hire companies for evidence, and more. This is seldom the case and is one of the primary reasons that you should speak with a lawyer.
What is the statute of limitations to sue for a hot tub or spa accident?In the State of California, you do not have an unlimited time to take legal action for injuries suffered due to negligence. Personal injury lawsuits must be filed within 2 years of the date of the incident; if you fail to file a case in that time, you will not be able to receive any compensation whatsoever in the future. The sooner you file your case, the more likely it is that your evidence will be kept intact and that you will not run the risk of witnesses developing foggy memories. There is a chance that the statute of limitations can be extended beyond the 2-year limit if the situation permits it. This is possible in incidents wherein the victim is under the age of 18; the statute would be suspended until he turns legal age. It can also apply in situations where the incident laves a person incapacitated or unable to file a claim; the deadline would be put on hold until he returns to normalcy or to proper health. Additionally, if the defendant is not present in the state at the time of the filing, the claim can be postponed. It will resume and begin to count down again when he returns to the state. If you are unsure of how much time you have on your case and if your statute of limitations is close to running out, you can call our law firm for verification. If you want to make sure that everything gets submitted to the proper agency or insurance company on time, we will gladly help you.
The value of your hot tub or spa accident claim will depend on the type of injuries you received, how impactful they were, and how much they affected your life and career. If you were unable to return to work for some time and had to change your daily life, for instance, your claim would be worth more than if you were not seriously injured and you healed up within a few days. The insurance agent responsible for your case will provide a number after surveying the factors, and if we do not feel the offer is worthwhile, we will negotiate a fairer deal.
Find out more about how we can help you. Call (855) 339-8879 to speak with a representative now.
Our goal is to win you the following damages:
There is also the opportunity to sue for wrongful death damages if a family member or loved one died in the incident. Although rare, it is still possible; elderly individuals are often at a higher risk of death in such locations. If an untimely death does happen, you can receive coverage for the funeral burial, pre-death medical bills and pain and suffering damages, loss of relations and consortium, loss of expected inheritance and savings, and more. To ensure that you receive the fairest settlement possible, let our hot tub and spa accident lawyers assist you.
Let Us Help YouOur law firm, the Downtown LA Law Group, can provide you with a team of expert lawyers with years of experience in premises liability claims. We can help you sue the facility if you were in a spa or hot tub accident. We won’t hesitate to take necessary aggressive action, and if we have to go to court to win your case, we are willing to do so. For a free legal consultation, call our offices today at (855) 339-8879. We will tell you what we think we can win for your case and you can ask us whatever you wish about spa or hot tub accident lawsuits. If you hire us, we’ll give you our zero fee guarantee. You won’t pay us a dime from start to finish, and we will only get paid if we win. If we lose, we get nothing. To file a hot tub or spa accident lawsuit, Call the Downtown LA Law Group today at (855) 339-8879.
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