Chemical Burns from hot tub

[ecmst12]

For that, you get the couple hundred. Pain and suffering must be substantiated with treatment. One ER visit and some pain pills, and injuries that healed completely with no further treatment after a few weeks does NOT amount to significant treatment. You were in severe pain for ONE NIGHT, managed with meds for a few more days. This is not the lawsuit lottery.

While a lawyer is a good idea when there is severe injury, lengthy/expensive treatment, and permanent damages, I think you really shot yourself in the foot by hiring a lawyer before attempting to settle on your own. You believe your case is worth more then it is, and the lawyer probably played up to that. The lawyer will take longer to settle and won't get you any more, and then take his percentage (after doing very little work, since you only have one ER visit worth or medical records to gather and no follow up treatment to keep track of) so you'll actually get less. But you signed a contract, so there's most likely nothing you can do to get out of it without paying. But, don't expect the stars when your case is only worth a pinch of glitter.

[Red Walker]

Originally Posted by BlondiePB

,
The questions we ask Red Walker, are pale to what one goes through via depositions and then mediation should a case get to that step, which is the step prior to having a court trial. It takes a minimum of 6 months to even get on the court docket here FL.

With that said, I agree with SJ and ecmst (except for determining that the resort seemed negligent which has yet to be determined). Security personnel are not pool/hot tub experts. There was no reason to show your private parts to any hotel personnel. You didn't mention even showering off after getting out of the hot tub or pool.

Without sustaining permanent injuries, there's no lotto here, Red. Are you still receiving medical care? Did you use your employer's medical insurance at the hospital? If so, you'll have to pay back your insurance company with any settlement monies.

It's a really bad idea to wear good, especially new, swimsuits in hot tubs. Over at the Taj Mahal (aka temporary living quarters), there was a brief time when the ladies were complaining about the hot tub discoloring their swimsuits. Once I get a swimsuit off, it immediately is soaked in cold water with very gentle soap while I shower. When done showering, my swimsuit is rinsed in cold water and hung on a towel rack to dry. My suit wasn't discolored when all the other ladies were complaining about their suits. Unless the heater is turned down, hot tubs do feel hotter at night.

Temporary pain is much different than permanent pain. It's not that we don't empathize with you RW, it's just that a lot of posters come here with the idea that they'll be getting a huge payoff. I hope that you're offered a reasonable sum that will cover your expenses.

Most insurance company defense lawyers get paid by the hour and just love to drag out cases. Oh, just curious, how did you find the attorney you hired?

Hi,

I don't mind questions.. not at all. I hope you didn't get the impression that I did.

I agree with you about negligence yet to be determined. I may know.. they may know.. but until the court is convinced of the fact (if it goes to court), it's a matter of contention. As far as showing the hotel staff my injuries... they asked to see the injuries and I felt compelled to show him as a matter of documentation.. I didn't know that I didn't have to show. I didn't mention about showering because I wasn't originally here to discuss my case in great detail.. (not that I mind).. but yes.. my wife showered first and as she was I was laying down and I could smell the chlorine.. very very strong... it was at that time were I could start to feel the burning get worse.. she told me to hurry up and shower which I did.. also found out that the other couple showered immediately too.

I know what you're saying... I'm not looking for a ''lottery'' here.. in fact.. I wish to God the incident would have never happened. When I say I was in excrutiating pain.. I am not kidding.. I had to stand up all night long.. at first hoping the pain would dissipate.. then as the night/morning wore on.. I went from cursing to praying to God he would kill me to end the pain.. lol.. it was that bad.. it became apparent that something very wrong and very serious was going on and when I could no longer tolerate the pain.. I had the wife drive me to the ER.. by the time we got there.. with me in nothing but a towel wrapped around me... I couldn't make it to the door.. I had to be wheeled in.

So all I'm saying is... it doesn't seem like there is justice if all the resort has to do is reimburse me for my trunks, my bills, my lost work... what about the intense pain I endured, for hours on end? Even serious pain (even though medicated and taking percocets) days afterwards?? Is there no compensation for that at all? I did nothing but try to enjoy the hot tub. I didn't misuse it. I'm saying that hardly feels like justice to me.

I did use my employer insurance at the emergency room (except for $100 I had to pay out of pocket) and I realize their expense will be reimbursed out of any settlement or judgement.

I am not in need of any further medical care (that I know of)

As far as feeling hotter at night... we were in the hot tub at night already... this was a matter of 10 minutes from being in to going back in for the last time that night. I think the staff put in the chemicals right before we went back in, even though we were right there. They have some kind of automated system, I believe.

Thanks

[Red Walker]

Originally Posted by ecmst12

For that, you get the couple hundred. Pain and suffering must be substantiated with treatment. One ER visit and some pain pills, and injuries that healed completely with no further treatment after a few weeks does NOT amount to significant treatment. You were in severe pain for ONE NIGHT, managed with meds for a few more days. This is not the lawsuit lottery.

While a lawyer is a good idea when there is severe injury, lengthy/expensive treatment, and permanent damages, I think you really shot yourself in the foot by hiring a lawyer before attempting to settle on your own. You believe your case is worth more then it is, and the lawyer probably played up to that. The lawyer will take longer to settle and won't get you any more, and then take his percentage (after doing very little work, since you only have one ER visit worth or medical records to gather and no follow up treatment to keep track of) so you'll actually get less. But you signed a contract, so there's most likely nothing you can do to get out of it without paying. But, don't expect the stars when your case is only worth a pinch of glitter.

I'm not saying that my injuries required significant treatment. I'm saying that TO ME... it seems that the resort is getting off very easy... since (if proven) they were negligent and that I did absolutely nothing wrong, then at the very least, they should pay for any medical bills incurred. Again.. I'm not looking for a lottery here... I didn't want this.. this was visited unto me by them... I just want compensation for the excrutiating pain I endured.. for my time that I had to spend to seek and get treatment.. for the continued pain while not excrutiating after the ER.. was still very intense for two days following.. my point is I shouldn't have had to endure ANY pain.. none whatsoever... and while it may be easy for you to make light of it.. believe me.. until you have suffered like that from the negligence of others.. then you'll continue to make comments such as ''only worth a glitter''...

Perhaps I may believe that I should be compensated more than what I'll actually receive.. that is for the resort to decide if they settle or for the courts to decide if they don't settle. But I do take exception to your insistent claim or insinuation that I'm looking for the lotto here, as I've said before.. I wish I could've just had a nice vacation and that's it.

While enduring the pain, I would have gladly given thousands just to stop the pain.

But thanks

[ecmst12]

I hate to say it, but you are partially to blame for the degree of pain you experienced. Why on earth you would wait TEN HOURS to go to the hospital, if the pain is as bad as you claim, is completely beyond me. You "would have given thousands to stop the pain", but you couldn't get your wife to drive you to the hospital and pay your $100 copay? But if you'd gone sooner, you could have been treated sooner and the pain would have subsided sooner and you would have been able to sleep. You said as soon as the chemicals were neutralized, you felt relief immediately. You might even have been able to go home the next day. So that will look to a jury (if it were to go that far, which it won't) like you contributed to your own pain and suffering.

They already offered to pay your medical bills and lost wages, and you chose to hire a lawyer. That says to me that you're looking for a payday. Maybe that wasn't your intention, but I'll tell you right now that's EXACTLY what it looked like to the hotel. Forget any good faith you might have gotten from them.

You are looking at this all wrong. The few days of pain you experienced is nothing compared to real injury. If you'd needed surgery, if you had scarring on your genitals which interfered with sensation and wrecked your sex life, THAT would be real injury. You had some inconvenience and pain which could have been a lot less intense if you'd sought treatment sooner. Your pain isn't worth NOTHING, but it's not worth a whole lot either. If you get $1000 in your pocket after atty fees and expenses have been paid (and your health insurance has been paid back), I'll be surprised and you'll be very lucky. And by the time you get your token settlement, it will be such a distant memory you'll wonder why you made such a big deal about it.

[Red Walker]

Originally Posted by ecmst12

I hate to say it, but you are partially to blame for the degree of pain you experienced. Why on earth you would wait TEN HOURS to go to the hospital, if the pain is as bad as you claim, is completely beyond me. You "would have given thousands to stop the pain", but you couldn't get your wife to drive you to the hospital and pay your $100 copay? But if you'd gone sooner, you could have been treated sooner and the pain would have subsided sooner and you would have been able to sleep. You said as soon as the chemicals were neutralized, you felt relief immediately. You might even have been able to go home the next day. So that will look to a jury (if it were to go that far, which it won't) like you contributed to your own pain and suffering.

They already offered to pay your medical bills and lost wages, and you chose to hire a lawyer. That says to me that you're looking for a payday. Maybe that wasn't your intention, but I'll tell you right now that's EXACTLY what it looked like to the hotel. Forget any good faith you might have gotten from them.

You are looking at this all wrong. The few days of pain you experienced is nothing compared to real injury. If you'd needed surgery, if you had scarring on your genitals which interfered with sensation and wrecked your sex life, THAT would be real injury. You had some inconvenience and pain which could have been a lot less intense if you'd sought treatment sooner. Your pain isn't worth NOTHING, but it's not worth a whole lot either. If you get $1000 in your pocket after atty fees and expenses have been paid (and your health insurance has been paid back), I'll be surprised and you'll be very lucky. And by the time you get your token settlement, it will be such a distant memory you'll wonder why you made such a big deal about it.

Your claim that I am at least partially responsible for my pain is somewhat confusing. I've said that at first there was some pain and I was hoping that it would dissipate with time. Please forgive me but I've never experienced an incident like this in my life and initially had absolutely NO IDEA what was going on. I thought that perhaps that somehow I had been scalded on my inner thighs by the water from the hot tub. I'm not one who cries or whines at the first onset of some pain. As the night wore on, the pain increased in it's intensity (I found some relief from a cold wet washcloth placed on my thighs). My wife had separated her A.C. a few days earlier from a scooter accident (which by the way, there was NEVER any thought of a lawsuit... it was her fault and that's the end of that) and she had been prescribed some percocets for her pain. I took some aspirin for pain and when that didn't work, I took one of her percocets and that brought no relief from my pain. I tried laying in a tub of ice cold water which brought little if any relief. My wife had her arm in a sling and in an immobilizer and I didn't want to bother her.. as I said.. I was hoping the pain would dissipate. However, as the very early morning hours wore on and the pain only intensified and now moved from my thighs to include my genitals as well... the pain became unbearable I finally realized I may be dealing with a chemical burn here. I woke her up to tell her what was going on and we finally decided to go to the ER. I called the resort to report the incident and told them there was no way I could check out in time and that is when they sent staff to take my incident report. After that was finished, I told her I think I may have to call an ambulance because I must go to the ER now.. She went ahead and drove me to the ER (even though she only had the use of one arm).

Since I know NOW what was going on, it is certainly easy to make the call that I should go to the ER immediately as you'll see I gave that very advice to the other poster (apparently from 2006) or to anyone else who may read this that if they ever find themselves in a similar situation, they SHOULD not delay and go to the ER soon as they feel any pain whatsoever after being in a hot tub. I had absolutely no way of knowing that I had suffered a chemical burn nor did I know that the pain would intensify to the point of becoming excrutiating and affect more than the initial area.

But your opinion is your opinion and I'm not here to sway you, only to explain the chain of events and my line of thought on what was going on. As you can clearly see in my original post, I did not come here seeking advice, counsel, or opinion. Due to my belief that the resort was negligent with the chemicals at their site, I initiated this lawsuit not to seek punishment against the resort, but merely to seek just compensation for the pain, suffering, medical bills, time spent, and lost wages. Compensation for only my medical bills and lost wages is not just compensation in my opinion. I went down to Florida on vacation for fun, relaxation and feel that I should be able to reasonably assume that I could enjoy the amenities that the resort haves to offer without going through that whole ordeal.

Thanks for your time

[ecmst12]

I didn't say you should have run to the hospital at the first tingle, only that it seemed from your description that you let it go on beyond the point of reason before finally going. Now, either you are exaggerating the description of the pain, or you didn't act as a normal reasonable person would in the same circumstances.

The pain and inconvenience you experienced is simply not worth that much, due to the brief and temporary nature of the symptoms. I keep telling you that but you don't seem to want to accept it. What do YOU think you should get?

[lya]

The guy has an attorney, in Florida, where attorneys are not overly eager to pursue nickle and dime claims.

The description of events screams of negligence and liability. The resort has a duty to keep the hot tubs at a safe temperature and safe chemical balance; that's why they have check sheets. The check sheet is part of a permanent record and is reviewed by the health department or whatever department in Florida monitors the safety compliance of its resorts, hotels, etc. Therein is the 'required' water sample results.

The amount of monetary award may be relatively low or it may be the old-lady-at-McDonald's deja vu all over, again. It depends on whether or not this facility has been found to improperly maintain its hot tubs in the past and whether or not the facility has complied with all of the rules, regulations, and corrective action plans.

The attorney will, or should have, enough sense to subpoena the records of hot tub and pool maintenance and the safety-inspection reports.

I don't know the sex life of the man and his wife, and believe me, I don't want to know; but, his necessary organs were burned, covered with Silvadene, bandaged, , and painful. It is possible that his wife has a claim for loss of consortium.

One would think that if he was going from the hot tub to the pool and from the pool to the hot tub, the excess chemical would have washed off in the pool. My dime is on his being a "SpeedO-man", which is the slang for northern men who come to the beaches and wear these tiny, tight, man-part-covering suits, regardless of physical ability to do so without scaring innocent women and children. Beach "natives" wear the looser, longer 'suits' to protect their inner thighs and man-parts. Anyway, I digress; the point is--I believe his choice of swim attire held the chemicals next to his skin and increased the degree of his being burned--which has absolutely nothing to do with whether or not the resort was liable.

I think the resort is liable and that the OP will be satisfactorily compensated.

[ecmst12]

Maybe you're right, but I don't see it. I see the resort being liable, but I also see the amount of damage as being negligible.

[Red Walker]

Originally Posted by Red Walker

Hi,

My burns have healed... the only lasting effect is the hair has not yet grown back on my legs. Not that I don't believe you or am questioning you (seems like a big no-no here)... I'm just asking because I don't know, but shouldn't there be any compensation for the intense pain I suffered. The humiliation of having to show my injuries to resort staff (person who took my statement) and also to the emergency room staff? It just seems to me that I should be able to reasonably expect to enjoy the resort's hot tub without sufferning burn on my ''boys'', endure excrutiating pain, ruined vacation, loss of sleep, etc.

Thanks

Originally Posted by lya

The guy has an attorney, in Florida, where attorneys are not overly eager to pursue nickle and dime claims.

The description of events screams of negligence and liability. The resort has a duty to keep the hot tubs at a safe temperature and safe chemical balance; that's why they have check sheets. The check sheet is part of a permanent record and is reviewed by the health department or whatever department in Florida monitors the safety compliance of its resorts, hotels, etc. Therein is the 'required' water sample results.

The amount of monetary award may be relatively low or it may be the old-lady-at-McDonald's deja vu all over, again. It depends on whether or not this facility has been found to improperly maintain its hot tubs in the past and whether or not the facility has complied with all of the rules, regulations, and corrective action plans.

The attorney will, or should have, enough sense to subpoena the records of hot tub and pool maintenance and the safety-inspection reports.

I don't know the sex life of the man and his wife, and believe me, I don't want to know; but, his necessary organs were burned, covered with Silvadene, bandaged, , and painful. It is possible that his wife has a claim for loss of consortium.

One would think that if he was going from the hot tub to the pool and from the pool to the hot tub, the excess chemical would have washed off in the pool. My dime is on his being a "SpeedO-man", which is the slang for northern men who come to the beaches and wear these tiny, tight, man-part-covering suits, regardless of physical ability to do so without scaring innocent women and children. Beach "natives" wear the looser, longer 'suits' to protect their inner thighs and man-parts. Anyway, I digress; the point is--I believe his choice of swim attire held the chemicals next to his skin and increased the degree of his being burned--which has absolutely nothing to do with whether or not the resort was liable.

I think the resort is liable and that the OP will be satisfactorily compensated.

lmao...

No.. absolutely not!! I have not nor would I ever wear a speedo...lol

I'll spare you the details of our sex life.. lol

and as I said before, certainly not looking to ''hit the lottery'' and really had no desire to ask for compensation for loss of consortium.

Thank you for your time and your thoughts on my experience.. I sincerely appreciate your seriousness in regards to my case.

Please read the response to the poster ''ecmst'' for the UPDATE and conclusion to this case.

Thanks again!

[Red Walker]

Originally Posted by ecmst12

I didn't say you should have run to the hospital at the first tingle, only that it seemed from your description that you let it go on beyond the point of reason before finally going. Now, either you are exaggerating the description of the pain, or you didn't act as a normal reasonable person would in the same circumstances.

The pain and inconvenience you experienced is simply not worth that much, due to the brief and temporary nature of the symptoms. I keep telling you that but you don't seem to want to accept it. What do YOU think you should get?

Hello,

I just received the settlement check in the mail today.

The total settlement amount came in a few dollars under $10,000 and after reimbursement to the insurance company for medical bills, costs and attorney fees, my check was for $5,345.85

I could have held out for more, but as I said before, wasn't interested in ''hitting the lottery''. Do I personally think I was compensated appropriately for all that I went through? No, of course not... I would rather the incident would have never happened. But with the passage of time and the pain no longer, I just wanted to go ahead and settle.

Thank you for your time and your opinions in regards to my case.

Take care

[ecmst12]

Actually I think that's pretty fair compensation for zero permanent damage! But that's just me.

[ecmst12]

Bullcrap. You didn't get justice. You got money. They are not remotely the same thing. And in fact, I'd even say that you were not wronged to the extent that 'justice' was needed. You were hurt, but you recovered, and your expenses were reimbursed. Your claim didn't hurt the hotel in any way, and it's possible that most people who work there don't know a thing about it. MAYBE they take better care of their hot tub now, but maybe not, you have no way of knowing. Your settlement was paid by their insurance and did not affect their bottom line even a little. And if you wanted an apology, you could have gotten that without involving a lawyer or asking for extra money. Don't kid yourself about what you received. Money in your pocket is a great thing, especially these days, but don't give magical 'justice-granting' powers to the money. It's not THAT important.