DCUM lawyers: is this worth pursuing?

[Anonymous]

Anonymous wrote:

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.

The bolded is almost certainly incorrect. I preface my statement with the word "almost" because I do not know all of the facts and circumstances of the incident.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

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.

The bolded is almost certainly incorrect. I preface my statement with the word "almost" because I do not know all of the facts and circumstances of the incident.

Well then you don’t try very many cases or handle many motions in limine.

[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.

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.

I doubt that. I've had a significant injury where someone was liable, insurance did nothing but when you get a settlement the medical expense portion goes directly to the insurer. You sign papers for subrogation.

[Anonymous]

Anonymous wrote: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?

My dad has a severe electrical shock years ago (it was his fault, he was welding on a tractor on his farm, tractor tire had a fluid leak he had not noticed, tire fluid was highly conductive). Afterwards his heart rate jumped to over 200 and my mom drove him to emergency (faster than ambulance in rural area).

A year later he had a massive heart attack that left him with significant damage and congestive heart failure, leading to him dying suddenly at age 68.

Sounds like your husband's shock was less severe (my dad was "stuck" to the tractor and my mom had to pull a main power switch to release him; it went on for some minutes). It would probably be very hard to prove connection in your case depending on what working before and after the incident happened.

Sounds like you called local authorities since you learned about the lack of permit.

[Anonymous]

PP whose posted about her dad
I reread your post as I forgot about the tingling and the neurology referral. You definitely would have a claim for that since it happened immediately, probably not large but it would f with the Air BnB's liability insurance. And maybe try to get him into a cardiologist for further examination.

[Anonymous]

Anonymous wrote:

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

OP already said he didn’t have a heart attack.

She said he was “okay”. It’s not clear that she just means “he is ok now” or “they misdiagnosed him”.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

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?

Agree^^
Especially since it has been several days (presumably) between the 2 events.

Are you confident there are no underlying medical issues? Unhealthy lifestyle factors?

Did you (or anyone else using the hot tub) have a heart attack?

Has it been documented by a technician that the hot tub was faulty at the time of incident?

Being electrocuted is an unnaturally hard stress test. I’m disgusted that so many of you are trying to blame him.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

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

OP already said he didn’t have a heart attack.

She said he was “okay”. It’s not clear that she just means “he is ok now” or “they misdiagnosed him”.

She also said he was discharged from the ER with only a referral to a neurologist. That is not what what one would expect from a suspected heart attack. One would expect inpatient admission, out of work for weeks, a cardiac CT with contrast, a cardiac ultrasound, blood work repeated every four hours until triponin levels return to normal . . .

[Anonymous]

Anonymous wrote:

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

OP already said he didn’t have a heart attack.

WHERE exactly did she say that?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

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?

Agree^^
Especially since it has been several days (presumably) between the 2 events.

Are you confident there are no underlying medical issues? Unhealthy lifestyle factors?

Did you (or anyone else using the hot tub) have a heart attack?

Has it been documented by a technician that the hot tub was faulty at the time of incident?

Being electrocuted is an unnaturally hard stress test. I’m disgusted that so many of you are trying to blame him.

I don’t think people are trying to blame him. She is asking about legal action and doesn’t seem to have a sense of what he would be required to prove and what he would be put through.

Just because something happened and later another event happened does not mean the first event caused the second. And not pulling permits did not cause the electrical shock. I think people are just trying to focus her on what matters in the context of litigation - and the things you consider “blame” are the exact things that matter.

[Anonymous]

OP MISSING IN ACTION. DID HE HAVE A HEART ATTACK OR NOT?

I think we've all been trolled.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

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?

Agree^^
Especially since it has been several days (presumably) between the 2 events.

Are you confident there are no underlying medical issues? Unhealthy lifestyle factors?

Did you (or anyone else using the hot tub) have a heart attack?

Has it been documented by a technician that the hot tub was faulty at the time of incident?

Being electrocuted is an unnaturally hard stress test. I’m disgusted that so many of you are trying to blame him.

No one is trying to blame him. The reality is, this case could easily be torn apart by what PPs are talking about. Days later he may or may not have had a heart attack. Caused by the shock? Maybe. Hard to prove. But in the cardiac workup which they should do after this, if he has blockages, or high cholesterol, or any other number of factors, it makes their case even harder to prove. That's what PPs are trying to point out. It's hardly an open and shut case. If he has a heart attack immediately after or was seen immediately after, that would have helped. But days later? Makes it harder.

I've been shocked, jolted me half across the room. Thankfully no serious lasting impacts. I do have nerve damage in my right arm, but it doesn't impact my life at all. Make sure he gets a full workup for impacts to his nerves.

[Anonymous]

Anonymous wrote:OP MISSING IN ACTION. DID HE HAVE A HEART ATTACK OR NOT?

I think we've all been trolled.

The way OP wrote it, makes it sound like he didn't. ED said he was fine and referred him to a neurologist. If he'd had a heart attack, they would have referred him to a cardiologist as well.

[Anonymous]

I would let your health insurance pursue this. Won't they subrogate it?

[Anonymous]

Did the Airbnb owner advertise access to a hot tub? If it’s on the listing, take a screenshot before they become aware you are considering suing them.