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Hot Tub Not Protected Properly In Lake Tahoe Rental House

Settlement: $6.3 Million | Sacramento County Superior Court | McAfee v. Schlesinger

At the time of the accident, the plaintiff’s blood alcohol content was ultimately determined to be .23 percent. At the rental, he and the young woman went out onto a deck and entered a spa. He became lightheaded and sat up on the edge of the spa and then passed out, tumbling backward. Unbeknownst to the plaintiff, the spa had been placed in a corner immediately up to a railing that was even with the top of the spa. The defendant landowner was mindful that this was too close and he placed 4-inch Plexiglas along the top of the railing that proved to be wholly inadequate for protecting any occupant. The plaintiff fell backward 20 feet and landed on a log, suffering a burst fracture of his L1 and L2 vertebral bodies, rendering him a paraplegic.