Spas are locations where health treatments and medicinal baths are given. They are often called spa resorts, spa towns, or day spas. Many of them involve special waters such as mineral water, spring water, seawater, and hot tubs or Jacuzzis to provide the baths. They also often offer other treatments such as massages, manicures, and other services.
Due to the nature of the services offered at spa establishments, they can sometimes be associated with various types of injuries. These include:
- Hot tub drowning incidents
- Slip and fall incidents (especially due to wet areas)
- Skin infections and allergic reactions to materials used in treatments
- Negligence or inappropriate conduct of a staff member
- Burns from hot water
- Various other accidents and injuries
How is Spa Liability for an Injury Determined?
In cases where an injury occurs on the premises of a spa establishment, it is possible that the spa company can be held liable for the accident. In many cases, liability will be based on a negligence theory of law. The injured party will need to prove that the spa company owed a duty of care to them, that they breached this duty of care, and that the breach of that duty was the direct cause of their measurable injuries.
An example of this is where the spa company had a duty to inspect all hot tub apparatuses and ensure that they are safe for use by patrons. If they fail to uphold this duty, and a hot tub causes and injury to a patron, there is a possibility that the spa company may be held liable for the resulting injuries.
In other cases, recovery for a spa injury can be based on a product liability theory. An example of this is where a spa product or hot tub product failed due to a defect. In such cases, the manufacturer of the product can be held liable due to the product defect. The spa company can also be held partially liable in such cases if they knew that a product was dangerous or defective, yet continued to use it in their treatments.
What are the Legal Remedies for a Spa Accident Case?
Spa accident lawsuits typically result in a monetary damages award for the injured party. The damages will often compensate the plaintiff for losses like hospital stay bills, medical expenses, costs of any additional surgeries or treatments, medication costs, lost wages, and other expenses. In some cases, the spa company may lose their operating licenses, or may be required to rework their safety policies.
Do I Need a Lawyer for Help with Spa Accident Injury?
Spa accident lawsuits can be complex and can involve a number of different injury and liability laws. It may be in your best interests to hire a personal injury lawyer in your area if you need help with a lawsuit. Your attorney can provide you with legal advice and representation for your case.