Unregulated Hot Water Dangers: Holding Hotels Accountable for Scalding Injuries

Imagine stepping into a hotel shower, expecting a relaxing experience after a long day of travel. Instead, you’re met with scalding water, resulting in severe burns. This scenario, unfortunately, is not uncommon. Unregulated hot water in hotels poses a significant risk, leading to painful and sometimes fatal injuries. In fact, a recent study revealed that between 2016 and 2018, over 52,000 people visited emergency rooms in the U.S. for tap water scald burns. When hotels fail to regulate water temperatures, they can and should be held accountable for the resulting harm.

The Science of Scalding: How Hot Water Causes Injury

Hot water can cause severe burns very quickly. At 140 degrees Fahrenheit (60 degrees Celsius), burns can occur in as little as 3 seconds. At 155-160 degrees Fahrenheit, burns are nearly instantaneous. The severity of a scald depends on several factors:

Temperature of the water: The higher the temperature, the faster a burn can occur.
Exposure time: The longer the skin is exposed, the more severe the burn.
Location of the burn: Certain areas of the body, like the face, hands, and feet, are more sensitive.
Age of the victim: Children and the elderly are more vulnerable to severe burns due to their thinner skin.

Burns are classified into three degrees of severity:

First-degree burns: Affect only the top layer of skin, causing redness, pain, and minor swelling.
Second-degree burns: Extend deeper into the skin, causing blisters, intense pain, and swelling.
Third-degree burns: Damage all layers of the skin and affect underlying tissues; they may appear charred or white and can be less painful due to nerve damage.

Scald burns can lead to long-term complications, including:

Severe pain and suffering
Permanent scarring and disfigurement
Infection
Emotional and psychological trauma
Need for skin grafts or plastic surgery

Legal Responsibilities of Hotels: Duty of Care

Hotels have a legal duty of care to ensure the safety and well-being of their guests. This duty extends to maintaining safe premises, including regulating hot water temperatures to prevent scalding injuries. This responsibility includes regular inspections, addressing hazards promptly, and implementing safety protocols.

Negligence occurs when a hotel breaches this duty of care. To prove negligence in a hot water scalding case, the following elements must be established:

Duty of Care: The hotel owed a duty of care to the guest.
Breach of Duty: The hotel failed to provide a safe environment by not regulating water temperatures.
Causation: The unregulated hot water directly caused the guest’s injuries.
Damages: The guest suffered damages as a result of the injury, such as medical bills, lost wages, and pain and suffering.

Examples of hotel negligence in hot water scalding cases include:

Failing to install or maintain thermostatic mixing valves (TMVs): TMVs mix hot and cold water to deliver a safe, consistent temperature.
Setting water heater temperatures too high: The U.S. Consumer Product Safety Commission (CPSC) recommends setting water heater temperatures no higher than 120 degrees Fahrenheit (49 degrees Celsius).
Failing to respond to guest complaints about water temperature: Ignoring reports of excessively hot water is a clear sign of negligence.
Poor maintenance of water systems: Neglecting water heater maintenance can lead to temperature fluctuations and scalding risks.

Regulations and Standards: What is Considered Safe?

While specific regulations may vary by jurisdiction, several standards and guidelines address safe hot water temperatures in hotels:

California Plumbing Code: Limits individual shower and tub shower temperatures to a maximum of 120 degrees Fahrenheit (48.9 degrees Celsius).
CPSC Recommendation: Recommends setting water heater temperatures to 120 degrees Fahrenheit or lower.
NYC Standards: Hot water must be provided 365 days per year at a constant minimum temperature of 120 degrees Fahrenheit.

These standards aim to balance safety with the need to prevent the growth of Legionella bacteria, which can thrive in cooler water temperatures. Legionella can cause Legionnaires’ disease, a serious type of pneumonia. To mitigate both risks, hotels should:

Maintain hot water at a minimum of 60°C (140°F) in storage tanks to kill Legionella.
Install TMVs at all outlets to ensure water is delivered at a safe temperature (below 44°C or 111°F).

What to Do If You’ve Been Scalded: Steps to Take

If you or a loved one has been scalded by unregulated hot water in a hotel, it’s crucial to take the following steps:

Seek immediate medical attention: Burns can be deceptive, and it’s essential to have a medical professional assess the severity of the injury.
Report the incident to the hotel: Document the incident in writing and request a copy of the report.
Gather evidence: Take photos of the burn, the shower or tap, and any relevant conditions in the room.
Obtain witness statements: If anyone witnessed the incident, get their contact information and ask them to provide a statement.
Keep records of medical treatment: Save all medical bills, reports, and prescriptions related to the burn.
Consult with a personal injury attorney: An attorney can help you understand your legal rights and options.

Holding Hotels Accountable: Seeking Compensation

Victims of hot water scalding in hotels may be entitled to compensation for:

Medical expenses: Past and future costs of treatment, including hospital stays, surgeries, and rehabilitation.
Lost wages: Income lost due to time off work for treatment and recovery.
Pain and suffering: Compensation for the physical pain, emotional distress, and psychological trauma caused by the burn.
Disfigurement and scarring: Compensation for permanent scarring and disfigurement.
Punitive damages: In cases of gross negligence, punitive damages may be awarded to punish the hotel for its misconduct.

Preventing Future Injuries: A Call to Action

Unregulated hot water dangers in hotels are a preventable problem. By raising awareness, enforcing regulations, and holding negligent hotels accountable, we can protect guests from these devastating injuries.

What can hotels do?

Install and maintain TMVs: Ensure all guest rooms have properly functioning TMVs.
Regularly inspect and test water temperatures: Implement a routine maintenance program to check and adjust water temperatures.
Train staff to respond to complaints: Equip staff to handle guest concerns about water temperature promptly and effectively.
Post safety information: Provide clear instructions on safe water temperatures in guest rooms.

What can guests do?

Test water temperature before showering: Always check the water temperature before stepping into the shower or bath.
Report any concerns: If the water is too hot or fluctuates unexpectedly, notify hotel staff immediately.
Be vigilant with children and elderly guests: Supervise children and elderly individuals closely to prevent scalding injuries.

Conclusion

Hotels must prioritize guest safety by implementing and maintaining effective hot water regulation systems. Failure to do so can lead to severe injuries and legal liability. If you or a loved one has suffered a scalding injury due to a hotel’s negligence, seeking legal counsel is essential to protect your rights and pursue the compensation you deserve.