Hotel and motel hot tubs in Vista can pose a wide variety of risks to guests, from injuries caused by slips and falls around the hot tub to burn injury risks to drowning accident hazards for younger children or intoxicated guests. Yet it can be difficult to know whether an injury you sustained in or around a Vista hotel hot tub was the result of the hotel’s negligence, and thus whether you may be eligible to file a personal injury lawsuit. A recent hot tub accident lawsuit in California reported in Courtroom View Network emphasizes that these cases can be complicated, and it is essential to have an experienced Vista personal injury lawyer on your side.
Recent Hotel Hot Tub Accident Lawsuit in California
A parent recently filed a lawsuit against a Howard Johnson hotel in California, according to the Courtroom View Network, after her daughter suffered a serious traumatic brain injury (TBI) in a hotel hot tub accident. The case involved the child’s near-drowning, and the mother alleged that the hotel was negligent because its hot tub was “too easily accessible for children,” and because “the hotel didn’t take adequate safety precautions to protect children playing in the facility.” The hotel argued that the plaintiff’s failure to supervise her daughter was actually the cause of the TBI the child sustained in the hot tub. The jury agreed with the hotel, and the case ultimately ended in a settlement, but it makes clear that the hotel likely would have been responsible if the circumstances were slightly different.
How Do Hot Tub Accidents Happen at Hotels?
Hot tub accidents can happen at hotels in a wide variety of ways, including but not limited to:
- Slips and falls;
- Burn injuries;
- Heat overexposure;
- Near-drowning accidents; and
- Drowning deaths.
According to the U.S. Consumer Product Safety Commission (CPSC), children are at particular risk of injury in hot tub accidents at hotels and motels, as well as in private residences. Although many hot tub accidents involving kids result in injuries to young children, older kids can also be affected. For example, the CPSC has recorded fatal hotel tub accidents in which teenagers have drowned in hot tubs at hotels and motels, particularly in cases involving underage drinking.
Hotel Negligence and Comparative Fault
Hotels or motels can be held accountable for hot tub accidents in cases where the hotel’s negligence caused the plaintiff’s injuries. The recent case highlights how a plaintiff’s own fault can affect a recovery in cases like this, yet it is critical to understand that a plaintiff who is partially at fault for a hot tub accident can still recover as long as the hotel or motel was also partially at fault for the injury or death. Under California’s pure comparative fault rule, a plaintiff can recover damages as long as the hotel or motel bears at least some responsibility, but the plaintiff’s damages award will be reduced by his or her own fault.
Contact Our Vista Hotel Negligence Lawyers
If you have questions about filing a lawsuit against a hotel or motel in Southern California, you should seek advice from our Vista hotel negligence attorneys to learn more about your options. Contact the Walton Law Firm today for more information.
See Related Blog Posts:
San Marcos Hotel Negligence in the Era of Coronavirus
Common Hotel and Motel Negligence Claims in Rancho Bernardo