Gatlinburg Hot Tub Injury Lawyer
Excessive heat in a small space and deep water in a small space are two of the most dangerous possible environments in any home. Hot tubs are relaxing and fun, but they combine both these hazards. Therefore, the possibility of serious injury increases. That’s especially true since hot tubs are relaxing and, in many cases, users relax a little too much. Additionally, most hot tubs have a number of sophisticated parts that must work perfectly. Product makers are usually strictly liable for the injuries their defective products cause.
The compassionate Gatlinburg hot tub injury lawyers at Fox Farley Willis & Burnette, Attorneys at Law understand the intense pain and suffering these victims must deal with. Many of the people on our professional team have been touched by these accidents themselves. So, we work very hard to obtain maximum compensation in these cases. Additionally, we treat our clients like partners. So, we always proactively communicate with our clients and always carefully explain the pros and cons of a certain approach, so clients can make the best possible decisions.
Products Liability
Usually, hot tub manufacturers care almost nothing about the health and safety of their customers. But they care a lot about their profit margins. Therefore, many product makers take cost-saving shortcuts that could put people at risk. These shortcuts often include:
- Design Defects: Small drain holes and poor siding access are two of the most significant design safety flaws in many hot tubs. Sometimes, the drain holes aren’t big enough to effectively recycle dirty water, so dangerous bacteria grows and multiplies in the hot water. Inaccessible siding makes it difficult or impossible to perform routine maintenance and inspections, so many owners don’t know there’s a problem until it’s too late.
- Manufacturing Defects: Many hot tub manufacturers use cheap components that cannot withstand very much wear and tear. Others are in such a rush to churn out hot tubs that areas like quality control suffer. Usually, manufacturers are responsible for any issues which occur during manufacturing or shipping.
The unforeseeable misuse doctrine is the only effective defense to product liability claims. This defense is only available in limited situations.
Owner Liability
As mentioned, many owners are overly relaxed when they use their hot tubs, which means they don’t diligently look out for injuries. Unlike product liability claims, owner negligence claims have a number of possible defenses, such as comparative fault and assumption of the risk.
But we’re getting ahead of ourselves. Before defenses come into play, a Gatlinburg hot tub injury lawyer must establish a prima facie negligence claim. These claims usually have two key components:
- Duty of Care: Generally, hot tub owners have a duty to keep the hot tub, and the area around the hot tub, reasonably safe. This duty requires them to keep the water cleaning chemicals perfectly balanced, monitor the water temperature, address wet spots on the deck, and account for other hazards.
- Knowledge of Hazard: Direct and circumstantial evidence is admissible to prove knowledge. Direct evidence usually includes open repair invoices and other smoking guns. Circumstantial evidence usually involves the time/notice rule. Owners are more likely to know about hazards which have existed for a long time.
Compensation in a premises liability or defective product claim usually include money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Reach Out to a Hard-Hitting Sevier County Lawyer
Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced hot tub injury lawyer in Gatlinburg, contact Fox Farley Willis & Burnette, Attorneys at Law by going online or calling 865-500-HURT. You have a limited amount of time to act.
