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:
- Slip and fall accidents, which can happen when someone falls on tile that is wet or on a raised section of the floor near the hot tub
- Drowning incidents, which may happen if someone suffers a seizure or injury while in a hot tub or falls into and gets knocked unconscious; it is also dangerous for children to be near hot tubs, as they are more likely to be clumsy and get themselves trapped
- Assault or inappropriate actions from any staff members at the spa or workers at the facility
- Burns in the hot tub, which can happen when the temperature is not regulated or when a pipe bursts
- Infections and reactions to the chemicals used in hot tubs or to the materials used in the spa
What should I do if I’m in a spa or hot tub accident?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 by chatting 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.
What is the value of my hot tub or spa accident lawsuit?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. CHAT LIVE with a representative now.Our goal is to win you the following damages:
- Medical expenses from the past and future to cover ambulatory transportation, hospital fees, surgery, prescriptions and medication, physical rehabilitation, and more
- Lost income from the time you were unable to return to work from the past and future
- Property damage if any of your personal items were broken or lost in the incident, such as a cell phone or tablet
- Pain and suffering damages to cover emotional anxiety, PTSD, fear, mental stress, and more