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Don't Be In The Dark About Our Legal System

Hello, I'm Karla Mitchell. Going through a legal case can be very expensive and challenging. I won't go into details, but I recently underwent my own legal battle that lasted several years. It is finally over and I successfully received a settlement, but I had to spend so much time studying law in order to play my role in my own court case. While I found a great attorney at one point, I felt completely lost initially and I don't want anyone else to experience the same thing. So I decided to create this blog for those who would like to know more about law.


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Don't Be In The Dark About Our Legal System

Hot Tubs and Personal Injury Lawsuits: What You Need to Know

by Andrew Martin

Millions of people in the United States regularly enjoy a dip in a hot tub, and the time they spend in these devices can help ease the symptoms of various health problems, including diabetes, bursitis, stress, and arthritis. However, hot tubs are also potentially dangerous, and injuries (even deaths) can occur as a result of these popular spas. Learn more about the legal action you can take if you or someone else you know suffers an injury while relaxing in a hot tub.

Typical hot tub injuries

So many people associate hot tubs with pleasure and relaxation that it's sometimes difficult for them to imagine any possible hazards, but between 1990 and 2007, 80,000 people ended up in the emergency room as a result of a hot tub. Commonly, slips and falls occur in or around a hot tub, and overexposure to heat and near-drowning incidents are also relatively common, even when the hot tub user is an adult.

Hot tubs are particularly dangerous for certain users. For example, despite the small size of a hot tub, children can get into difficulty in the water and may even drown. Similarly, men or women with long hair have suffered injuries in hot tubs because a filtration system has trapped their locks while they soak in the water.

Reasons for a personal injury lawsuit

A personal injury lawsuit is likely to arise from a hot tub injury due to one or more of three reasons:

  1. Faulty product. If the design or manufacture of the hot tub is unsafe, you can file a lawsuit against the manufacturer, distributor, or retailer that supplied the unit.
  2. Premises liability. If the owner of the hot tub doesn't look after the device properly, you may suffer an injury as a consequence.
  3. Negligence. The owner or operator of the hot tub must make sure the device is safe to use. For example, the owner or operator must make sure all guests understand if there are any risks that can arise while using the hot tub.

Where a person or an organization fails to meet its responsibilities in one or more of these areas, you can file a lawsuit and claim compensation for any injuries you or a loved one incurs.

Fundamentals to consider

A successful personal injury lawsuit relies on certain facts. For example, if you want to file a lawsuit for a faulty product, your attorney must show that

  • you suffered an injury as a direct result of using the hot tub.
  • the hot tub was in some way defective or lacked appropriate instructions.
  • the hot tub's defect was the cause of your injury.
  • you suffered the injury while using the hot tub in the intended way.

In many faulty product lawsuits, it isn't difficult to prove that a hot tub caused your injury. For example, if you catch and injure your finger in the filtration system, you can normally substantiate your claim with an accident report and medical evidence. However, it's sometimes harder to prove that a hot tub was defective.

Legislation enacted in 2007 means that hot tub manufacturers and owners must make sure that certain safety devices are intact and working correctly. For example, hot tubs must have both a compliant drain cover and a second safety device to stop entrapment of hair and other parts of the body in the filter system. If a hot tub doesn't have these devices, you can probably show that the hot tub was defective.

Similarly, the owner or operator of the hot tub must make sure you have the information you need to safely use the device. For example, the external environment, the hot tub temperature, your health, and the depth of the water can all influence how long you should soak in a hot tub. Without this information, you may spend too long in the water and suffer an injury. A court may find the operator/owner liable if he or she does not give you these facts.

Hot tubs are often great fun, but these devices can also cause injuries. Talk to an experienced personal injury attorney like Carl L. Britt, Jr. for more information and advice about how you can claim compensation for your injuries.