As reported in The Tribune and The Miami News Times, the family of a man that died as a result of being caught in a resort’s hot tub suction device, is suing the hotel chain and the hot tub manufacturer for negligence.
The man, J.V.H. Jr., 33, was staying at SANDALS Cable Beach property when he was allegedly “sucked” down into the spa’s device and died on December 28, 2010.
The lawsuit has been filed in Miami court.
N.C., J.V.H. Jr.’s fiancé, alleged that her screaming pleas for help were “ignored” by a SANDALS employee. She further stated that staff were not trained in CPR, or, just not chose not to provide J.V.H. Jr. with the lifesaving techniques he needed.
J.V.H. Jr.’s family said that he must have experienced “unimaginable conscious terror” in the moments before his death.
News reports claim that J.V.H. Jr. submerged himself before he was “sucked onto the spa's suction outlet drain cover/grate and/or sump frame.”
Per the lawsuit, J.V.H. Jr. was a young man in “excellent shape (who) could bench press over 300 pounds - was unable to free himself because ‘the suction force was so excessive.’”
When N.C. noticed that J.V.H. Jr. was not resurfacing she called for help and then jumped into the hot tub herself – fully clothed – in an attempt to rescue him.
She wasn’t nearly strong enough against the suction device. She got out of the tub and unsuccessfully tried to locate the shut off switch.
N.C. contends that a hotel employee “ignored her pleas for help and walked away.”
The family told news media, “Upon hearing her calls, several heroic guests jumped in the hot tub, but collectively could not pull (J.V.H. Jr.) from the bottom suction outlet drain cover/grate and/or sump. While the rescuers pulled on (J.V.H. Jr.) limbs and body, one of the guests was able to brace his legs against a wall of the hot tub and back against (J.V.H. Jr.), and from this leg-press position was able to roll (J.V.H. Jr.) off the drain.”
According to the lawsuit, not one resort employee helped in the rescue or turned off the pump. The suit also alleges that the pump’s turn off switch is kept locked in the resort’s pump house – to prevent guests from operating.
The family further claims, “Complicating matters, no Sandals employees were either trained or willing to provide CPR for the 45 minutes or more that transpired before an ambulance arrived.”
J.V.H. Jr. was pronounced dead on arrival at the hospital.
The suit alleges that hotel staff tried to remove a telephone from N.C.’s room as the hotel wanted to “prevent contact with friends, family and local assistance.”
The family has contended that marketing company, Unique Vacations, and SANDALS interrogated N.C. in an attempt to “suggest that (J.V.H. Jr.) or she were somehow at fault for the death.”
Named in the lawsuit are SANDALS Resorts International, Unique Vacations, the hot tub manufacturer or hot tub parts manufacturer, and Hayward Industries.
Damages are being sought for negligence, intentional and negligent infliction of emotional distress, false imprisonment and product liability.
Have you lost a loved one due to someone else’s negligence? Contact a personal injury lawyer today to help you with a lawsuit to recover some of your damages.