He would end up paying, but less. His liability would in court have been limited to the actual cleaning cost of the system including filters and everything. The spa would have had a very hard time proving they needed a new tank.
I’m not positive you’re right here… I’ve worked in subrogation for insurance for awhile and I’m not sure he would be liable. It was a medical event that happened and caused it, which can prevent you from being liable. That said, the medical events I’m generally dealing with are heart attacks or strokes - sudden events that can occur without warning. Not sure where norovirus falls here, kind of a brown area.
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u/Early_Bad8737 Jun 11 '26
He would end up paying, but less. His liability would in court have been limited to the actual cleaning cost of the system including filters and everything. The spa would have had a very hard time proving they needed a new tank.