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Family files premises liability suit in child spa death

A California family is seeking legal redress from the owner of their rental home after their child drowned in a spa at the house. The child, a 7-year-old boy, died when he suffered “suction entrapment,” getting stuck at the bottom of the hot tub and being unable to surface for air. Relatives are seeking financial compensation for premises liability, product liability and a variety of other claims in connection with the dangerous property condition that led to the death.

Reports show that the victim died at the family’s Encino rental home in November 2013. The boy entered the spa while his mother and other relatives were in the backyard of the home. He was supervised during the incident. The child was reportedly a strong swimmer, but his arm became trapped in the spa’s drain. Family members tried to turn the spa off and rescue the child, but it was too late by the time they were able to power down the machine.

The family’s complaint states that the spa pump manufacturer and landlord are responsible for the accident because of an inadequate drain cover. The negligent property owner should have made sure that such a safety measure was in place before renting the home, according to the victim’s relatives. Further, they say hazardous conditions could have been avoided if the spa had a dual-drain system, which is designed to prevent suction entrapment problems.

Victims who have been injured in their rental homes may be entitled to premises liability compensation from their landlords. Premises liability cases are not limited to slip-and-fall accidents or wet floor injuries. This category of lawsuit can actually help victims who suffer injury at their rental homes and other similar facilities, and a qualified attorney can provide additional advice to help remedy these unfortunate circumstances.

Source: Encino Patch, “Encino Family Blames Spa Manufacturer in 7-Year-Old Son’s Drowning,” Paige Austin, Feb. 08, 2017