A South Carolina woman has filed a lawsuit against a hot tub company and her maintenance company after her husband died of Legionnaires’ Disease believed to have been contracted in the spa.
Kelly Anne Van Der Plaats is suing Hot Tub Taxi, its owner, Darius Clark, and Oceanside Pools over negligence and wrongful death after her husband contracted Legionnaires’ Disease.
According to the complaint, Hot Tub Taxi sold the Van Der Plaats a used hot tub, which the Van Der Plaats then used on October 10, 2023. About seven days later, the couple began experiencing symptoms of Legionnaires’ Disease, which included fever, weakness, cough, chest congestion, sore throat, and shortness of breath.
On October 20, they were both admitted to the Conway Medical Center, where they tested positive for multifocal pneumonia.
Just two days later, Wayne Anthony Van Der Plaats died of the disease.
According to the lawsuit, hot tubs are an ideal place for Legionella Lawsuit
From page 12
bacteria to grow, where it exists in a slime layer of Legionella biofilms in poorly maintained hot tubs. Individuals using the hot tub can then contract the disease when they breath the contaminated mist of the water.
“Because of the well-known risks posed by Legionella in hot tubs, responsible sellers and servicers of hot tubs must follow industry standards to ensure those hot tubs are safe for use,” the complaint states. “Pursuant to those standards, hot tub sellers and servicers must inspect and test hot tubs, fully remediate them, and provide adequate warnings and instructions to eliminate or mitigate the risk for foreseeable legionellosis infections.”
The lawsui t references a Legionellosis fact sheet, published by the Association of Pool and Spa Professionals (APSP) regarding mitigating Legionnaires’ Disease, noting that the APSP states that “Legionella…have not been found in spas that are properly maintained.”
The complaint does not specify when the Van Der Plaats purchased the hot tub or whether they had used it prior to the date when they contracted Legionnaires’ Disease. It also does not state when they hired Oceanside Pools to maintain the hot tub or how often the maintenance company serviced the spa.
The lawsuit accuses Hot Tub Taxi and Clark of failure to inspect, test, and sanitize the used hot tub prior to selling it and delivering it to the Van Der Plaats. It accuses Oceanside pools and its employees of failure to adhere to standards by establishing appropriate free chlorine levels and ensuring that the hot tub’s water quality was bacteriologically, chemically, and physically safe for swimming.
The lawsuit, which was filed in the Horry County Supreme Court on January 15, 2025, demands a jury trial with damages to be determined at the trial.
