For most individuals, it is absolutely believable that someone could drown in a swimming pool, whether the victim is a child, adult, or senior. However, many are dubious when they hear of the danger of drowning in a hot tub. And yet, hot tub deaths take place every single year across the nation.
Our drowning attorneys have litigated cases involving hot tub and spa drownings in the past, and they've put together the following post to show how negligence is often at the bottom of these avoidable and often fatal accidents.
Unlike in swimming pools where victims may drown because they are unable to swim above the surface of the water for one reason or another, the nature of hot tub drownings and deaths is usually different.
However, even though hot tubs and spas tend to be shallow they still pose a danger to younger children, especially those under the age of five since the limited depth of a hot tub can still prove greater than the child's height, preventing them from breaching the surface simply by standing up.
Even children older than five years old are at risk of drowning in a hot tub. There have been numerous cases of children's hair becoming trapped in spa filters and pump intakes which prevented them from coming up for air. Their limbs, which are significantly smaller than those of adults, can also become trapped in jets or other components of a hot tub.
Adults may also become victims in hot tub drownings. The lids placed on top of hot tubs can often be quite heavy if not difficult to remove. A person may become trapped under a hot tub or spa lid if it inadvertently closes. In these situations, if they are not strong enough to lift the lid and pull themselves out, there is a very real possibility that they can drown.
Lastly, consider that hot tubs are intended to heat water considerably. Unfortunately, extremely hot water can cause persons to become drowsy and even lose consciousness. Most hot tubs are designed to shut-off before such high temperatures are attained, but product defects and aging components may permit the hot tub water temperature to reach these dangerous levels.
A report released by the U.S. Consumer Product Safety Commission (CPSC) found that, from the year 2014 until 2016, almost 1,100 children younger than 15 perished in a pool or spa-related drowning. Almost half of these deaths, exactly 46%, occurred in home pools, hot tubs, and spas.
Whether it was a child or adult who drowned in a hot tub, the surviving family members have the right to seek justice and compensation if it can be found that negligence resulted in the death of their loved one.
But determining liability in a hot tub drowning lawsuit can be quite complex; determining responsibility in such claims is no easy task. For instance, to avoid liability, it may be argued that a deceased individual chose to enter the hot tub on their own accord, or that a lack of supervision over a young child is what caused them to drown in the spa.
It takes an experienced legal team to build a hot tub drowning claim properly and to the highest standards. Just any injury or accident lawyer is likely to lack the familiarity with relevant regulations and recent rulings to be able to adequately prepare in the given time frame.
For this reason, if you're seeking justice after the death of a loved one in a hot tub drowning accident, contact our team today to schedule your free legal consultation with our drowning accident lawyers now. You'll get the chance to ask any legal questions you may have and learn more about the possible outcomes of the legal process.
Finally, you're under no obligation to work with our team once you've consulted, and if we're not able to achieve compensation on your behalf, you'll owe us nothing.