Hot tubs can be a great source of enjoyment, but the reality is that they can also be dangerous. If you or someone close to you was hurt in a hot tub drowning accident, we can help. At the Law Offices of Robert Dixon, we proudly represent South Florida clients in seeking the compensation they deserve for their harm.
The Center for Injury Research and Policy of the Research Institute at Nationwide Children’s Hospital did a study that found that the number of unintentional hot tub-related injuries increased 160 percent between 1990 and 2007. In 1990, there were 2,500 injuries, whereas in 2007, there were more than 6,600. Part of this can probably be explained by the fact that more people own hot tubs now. Still, it also highlights how dangerous hot tubs can be and how important it is to take the necessary safety measures to prevent injuries.
The main risk posed by hot tubs is the same one that is posed by pools: drowning. The United States Consumer Product Safety Commission reports that since 1980, more than 700 deaths have occurred in hot tubs. Another potential hazard is people’s hair being sucked into the suction fitting of the hot tub, causing the person to be held under water and potentially drown.
If your child was injured or killed in someone else’s hot tub, you may be able to file a premises liability claim against the property owner. Under Florida law, hot tub owners have a legal duty to children. Children are curious by nature and are often drawn to pools, hot tubs, swing sets, and other such “attractions.” Since a hot tub is considered a hazard, due to the risk of drowning, the property owner must exercise special care to protect children from this hazard that is likely to attract them and could injure or even kill them. This is known as the “attractive nuisance” doctrine. For example, a property owner could protect children by getting a cover for the hot tub. That way, even if children entered the property, the risk of drowning would be minimized because it would be covered.
Premises liability is just one theory of liability. If an injury or death occurred because of a dangerous defect or flaw in the hot tub (i.e., if a latch does not close properly and leads to a suction injury), you could potentially sue the seller or manufacturer in a product liability claim. A lawyer can help you determine which party or parties may be liable and which legal theory is most appropriate after thoroughly examining the facts of your case.
If you or a loved one has been injured in a hot tub accident, it is important to seek the help of a skilled Miami premises liability or product liability attorney who can help you determine your legal options. At our firm, we tirelessly advocate for victims and are committed to holding negligent parties accountable for the harm that they cause. To discuss your case in more detail, feel free to call us at 1-877-499-HURT (4878) or reach out to us online today.
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Allergic Reaction Injuries in Florida, South Florida Injury Lawyer Blawg, January 4, 2016