DCUM lawyers: is this worth pursuing?

[Anonymous]

Personal injury issue. I posted elsewhere that I just stayed in an Airbnb from hell, which included my husband withstanding an electrical shock from a hot tub -
just his hand - he was checking the temperature. We obviously didn’t get in.

This morning at urgent care the EKG indicated he was having a heart attack (!), they transported him to the ED in an ambulance where everything turned out fine, but the ED doctor referred him to a neurologist to double check on the tingling/numbness he’s had in his hands since and the dizziness he’s experienced.

We’ve additionally discovered that this hot tub was installed without a permit, and the Airbnb is operating without approval as a short-term rental, despite a county requirement to do so.

Is this worth pursuing?

[Anonymous]

What are your damages? Are you out of pocket for medical costs?

[Anonymous]

Yes

[Anonymous]

If you have health insurance and it pays for his medical care, the insurance company can and likely will sue on his behalf whether you want to or not.

You should talk to a personal injury attorney before making any decisions. Be aware that the insurance company will get paid first - any money awarded for medical care will first be used to reimburse the insurer. You will only get what’s leftover after that.

[Anonymous]

Not a lawyer but be aware that your life changes after a heart attack. You deserve to be compensated for that.

I hate Air BnBs with a passion, and I hope you get a lot of money. I’m also so sorry you went through this.

[Anonymous]

Just out of curiousity... he got a shock at the AirBnB but you just went to urgent care today? Was the shock that bad?

[Anonymous]

We’ve additionally discovered that this hot tub was installed without a permit, and the Airbnb is operating without approval as a short-term rental, despite a county requirement to do so.

Neither of these things impress me. They are not the cause of the shock your husband received. This isn’t even likely admissible. And just even raising these issues gives them someone else to point the finger at.

I don’t know if it’s worth it to pursue because the injuries aren’t yet known. If you are feeling litigious you can get a consult with a lawyer.

The thing I think would be hardest here is identifying the negligence that led to the injury. Just because something happened at the Airbnb doesn’t mean the cause of the injuries is due to the owners negligence. I think you’ll be doing a lot of fishing during discovery.

[Anonymous]

Anonymous wrote:If you have health insurance and it pays for his medical care, the insurance company can and likely will sue on his behalf whether you want to or not.

People say this all the time but it happens so rarely.

[Anonymous]

The hand numbness and tingling and dizziness is directly related to negligence in the tub not being installed with a permit to meet code. That may need to be addressed regardless.

[Anonymous]

So did he have a heart attack or not? Its unclear after he went to the ER.

[Anonymous]

what's your goal? if it's to get money, yes you'd sue (and I agree that your health insurance company and medical providers will get a big chunk of anything awarded to you). If it's to get the place shut down and make the owner's life miserable, you don't need a lawsuit--just report it to the code enforcement department of wherever it's located and/or to the media (stick to facts though...truth is a defense if they claim defamation).

[Anonymous]

Absolutely tell whatever jurisdiction this AirBnB is in that they have a hot tub installed without a permit.

[Anonymous]

People, his heart is now permanently damaged. Yes, you sue the hell out of them.

[Anonymous]

What is the timeline and progression of symptoms between the electrocution and the heart attack, OP? Was the hospitalization because of his symptoms of shock? Did the doctors in the ER indicate that chronologically, there might be causality?

If causality can be established or at least is logical, given symptoms and timeframe, then yes, you need to sue.

If there is no link, you need to report the AirBnB for non-compliance with regulations, and for having dangerous equipment that led to a mild electric shock.

[Anonymous]

Anonymous wrote:The hand numbness and tingling and dizziness is directly related to negligence in the tub not being installed with a permit to meet code. That may need to be addressed regardless.

He might have had a heart attack anyway. I know someone who had one last week and wasn’t shocked by a hot tub. How do you prove the hot tub shock caused it?