Tubs & Showers Injuries Lawyer in Indiana
Representing Clients Injured in Hot Tubs
Tubs, showers, and hot tubs are very common in the hotel industry. It’s nearly impossible to go to any hotel that does not contain at one shower or tub in the room, as well as a swimming pool or hot tub nearby.
Recovery for a slip and fall in a tub, shower or hot tub is based on a legal theory known as premises liability. An owner of a property, whether a motel, hotel, or landlord, must maintain the tub, shower and hot tub in a reasonably safe condition or be subject to liability to people who fall.
Causes of Falls in Tubs, Showers & Hot Tubs
Many injuries to guests using tubs, showers, and hot tubs occurs due to slipperiness of the item when wet. This might seem ridiculous at first blush – of course, tubs and showers and hot tubs are wet – but there are industry standards for all hotels and motels when it comes to making the items slip resistant.
Furthermore, tubs, showers and hot tubs might come with guardrails that are absent, damaged, weak, shaky, or too low to be effective could be an invitation to a serious accident. Slip and falls in hot tub or other bathing facilities is also a common occurrence. Slip resistant flooring with particles added to the tile can reduce the number of injuries greatly.
Other accidents can include instances where the glass bathtub or shower enclosure product fails due to improper standards or mounting procedures. Failure of tub and shower enclosures can happen in hotels, motels, and rented properties in Indiana.
Hotel, resort, condominium, and other property owners might not keep their properties up to date with appropriate requirements of the safety codes or industry standards. There are standard consumer safety specifications when it comes to bathing or showering for slip resistance in Indiana structures.
At McKibben Shaw Law, we believe it is never “reasonable” for a landowner to do anything but the safest choice available – especially if that choice costs little or nothing in order to ensure the tubs, showers and hot tubs are safe for everybody – children, the frail, handicapped persons or the elderly.
One way to hold a hotel, motel, resort owner, business owner or landlord responsible for the dangerous condition of tubs, showers and hot tub areas is if the property owner landlord should have discovered the unsafe condition based on a reasonable inspection schedule. That is called “constructive knowledge” of the problem – whatever the problem might be. It’s not required that the landowner know of the specific problem, but rather a general idea that the item is dangerous as it is currently being used.
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