This case involves a woman who owned a condominium. The woman discovered a leak beneath the sink in the bathroom of the master bedroom, which she reported to the doorman at her building and she had the leak repaired. The woman began to notice the toilet was leaking as well as additional water damage that started with a small area on the threshold leading from the hallway to the master bedroom, ruining her belongings and causing her to seek a professional to waterproof certain items until the flooding was definitively stopped. The water damage later spread to other parts of the floor. The moisture underneath the floor boards caused the wood to raise, swell, and buckle. Later that same year, the interior condominium walls, crown moldings, base moldings, doors and kitchen cabinets began cracking and warping. Water then began leaking from the heating and air conditioning vents into the woman’s condominium. The woman’s condominium had been having problems receiving adequate heating and cooling. The woman notified the management about the water damage and the management told her that the water damage came from a NIBCO CPI PEX piping leak under the sink in the master bedroom and that it was her responsibility to pay for the repairs.

In cases like this, involving water damage in a condominium, it is usually necessary for the condominium management to hire an investigator to determine if the water damage was caused by a central plumbing breakdown. In some of these cases, there will be water damage in several units caused by various leaks in the plumbing system. These leaks are sometimes caused by rusting steel pipes in the building that need to be replaced. Also, the heating and air condition system in the building may need to be renovated. In cases involving plumbing problems in condominiums, the maintenance and insurance responsibilities are usually divided between unit owners and condominium associations. If the water damage to a condominium unit is caused by a slow-leaking pipe that does damage over an extended period of time, this is usually a maintenance issue. In cases involving maintenance issues, the condominium ownership documents will usually specify who is responsible for paying for the water damage. If the water damage is caused by a part of the individual condominium unit, the cost will usually have to be paid by the condominium owner themselves.

1. Could a leak near a bathroom sink cause extensive water damage to a condominium?

Plumbing Expert Witness Discusses Water Damage in Condominium

A mechanical engineering expert witness advises on alleged negligence from retailer’s slippery bathroom floor. The plaintiff is an elderly woman who was shopping at a large retailer. When she entered the bathroom, she was unaware the bathroom floor was wet because of a toilet leak due to a fill valve defect. She slipped, fell and fractured her hip.

She filed a negligence action against the store owner, alleging the bathroom floor should have been made of a slip-resistant substance or placed a wet floor sign. She also stated that the store personnel should have known that the area had the potential for wet, slippery floors that needed to be regularly monitored.

The floor had a coefficient of friction that increased the probability of customers slipping. American National Standards Institute / National Floor Safety Institute B101.3 provides the industry standards in regard to the suitable level of flooring tiles in interior spaces under wet conditions. ANSI B101.3 stipulates flooring tiles should have a wet dynamic coefficient of friction of greater than 0.42: in order to be safe (Lower probability of slipping). I conducted floor testing at this store on the tile flooring and the wet dynamic coefficient of friction of the flooring fell well under this standard, with the highest average value scoring only a 0.40. The store created an unsafe condition by having unsafe flooring tiles in its bathroom where it was reasonably foreseeable they would become wet. The store did not take appropriate measures to correct the unsafe condition despite being in the position they knew or should have known this tile was unsafe when wet and did not take appropriate measures to ensure the tile did not become wet. The store was aware its customers were likely to encounter this tile, as it was in the bathroom intended for customers, and it was reasonably foreseeable the tile would become wet. Despite this knowledge the store failed to make the flooring safe, and, as a result, the plaintiff encountered this unsafe condition and fell, causing life-changing injuries. Had safe flooring and measures to ensure the flooring did not become wet been in place, the plaintiff likely would not have suffered this fall. The expert a mechanical engineer who is familiar with testing of fall sites and other industry codes. The expert specializes in engineering analysis of accidents, having conducted numerous investigations in premises liability cases.

1. What standards apply to retail establishments regarding floor safety? 2. Did the store violate those standards?

Mechanical Engineering Expert Witness Advises on Slip and Fall in Retail Bathroom

An accident reconstruction expert witness advises on a case involving a slip and fall in a hotel bathroom. The plaintiff was staying at a hotel while traveling for work. He had been a guest for several days and noticed that the bathroom tile floor was exceptionally slippery. Due to the slipperiness of the bathroom floor, each morning after his shower, he took special care to place a cloth mat down before stepping out of the shower. Every morning the housekeeping employee had placed a towel over the edge of the shower railing, so it was easily accessible. The day of the fall, neither a towel nor the cloth mat was hanging on the shower railing. Instead, a cloth mat was draped over the edge of the bathtub. Plaintiff took his usual shower. As the plaintiff prepared to exit the shower, he reached over for the cloth bath mat hanging on the bathtub and slipped on the shower floor, falling onto the hard bathroom tile floor, striking and injuring his head, left shoulder and left leg.

As a result of the fall, plaintiff injured his neck, back, both legs and left shoulder. He has undergone extensive medical care, including left shoulder surgery. The plaintiff continues to suffer from orthopedic symptoms and requires lumbar spine and shoulder surgery.

It is my professional opinion that the defense expert’s sliptesting results are not an accurate reflection of the coefficient of friction of the shower stall floor. The use of Neolite as the material for the tribometer test foot is inadequate to simulate what happened in the subject accident. Although Neolite is typically used as material for the test foot during sliptesting, it is not a true representation of the human skin. Another expert’s testing indicates the actual coefficient of friction of the wet shower floor is likely considerably lower than 0.38 stated by the defense expert. It is reasonably foreseeable that guests would fail to see the white bath mat on the bathtub and/or not place it on the ground prior to stepping into the shower. Placing a bath mat out of reach of showering guests creates an unnecessary and easily avoidable risk of slipping when one tries to reach for the mat draped on the bathtub. The hotel should always place a bath mat/fluffy towel over the shower stall in order for guests to be able to remain in the shower while also placing a mat down before stepping out. The expert has a doctorate in engineering and is a board-certified forensic engineer who has reconstructed more than 10,000 accidents. He has more than 20 years of experience in risk assessment and has authored more than 200 articles, reports and presentations, as well as books on risk and safety questions.

1. Was the defense’s testing of the coefficient of friction accurate? 2. Should the hotel have foreseen the problem with its towel placement?

Accident reconstruction expert witness advises on hotel slip and fall

This case involves a man who was seriously injured after an accident in the bathtub in his hotel room in Washington. The man, who suffered from impaired mobility due to muscular dystrophy, was given a hotel room that was customized to ADA recommendations. Shortly after checking in to his room, the man attempted to use the shower. Immediately upon putting his weight onto the shower’s folding seat the seat collapsed, causing him to strike his head on the wall of the tub and suffer a debilitating brain injury. In addition, it was also noted that the shower lacked anti-slip strips on the tub’s surface. It was alleged that the hotel failed to maintain the room according to ADA standards, posing a direct danger to guests who were assigned the room.

I have worked a number of ADA bathroom cases. There are no ADA guidelines regarding slip-resistant bathtubs; however, all tubs should have a slip-resistant surface or, lacking that, some kind of applied treads. The primary duty of hotels is to (a) ensure that their ADA bathrooms meet specs, primarily for grab bars and spacing, and that (b) any ADA equipment be maintained in excellent condition. That the shower seat collapsed under the man's weight would suggest that it was not maintained to this standard. Well before ADA and ADAA, I worked to make bathrooms at my motel handicapped accessible. As needs and requirements advanced over the years, I have been aware of all compliance recommendations. As a college instructor in Hospitality Law, I taught a segment on ADA compliance.

1. Do you have knowledge of the industry standards for ADA bathrooms? 2. What steps do hotel/motels need to follow in order to keep ADA rooms up to date?

Location: IL BA, Economics, University of Illinois MBA, Illinois State University Certified, Hotel Administrator Authored, 200+ Publications on Hotel and Hospitality Management Former G****** M****** B*** W****** I** M**** Former P******** R********* C******* I** Former E******** V*** P******** S**** S***** A********* H**** D********* Former G****** M****** A********** H**** Former A******** P******** a** D******* o* H********** M********* P******* C******** C****** Current I********** H********** C*********

West Coast

Washington

This hotel/hospitality expert is a certified hotel administrator who has authored more than 200 publications on hotel and hospitality management as well bar and restaurant safety. He has been heavily involved in the industry for more than 40 years, including positions as General Manager of a Best Western Inn Motel, Executive Vice President of State Street Associates, and General Manager of AmeriSuites Hotel. He has experience with Hotel and Bar Management in the Midwest, including protocols with liquor operations, bar safety. He is a former program director/associate professor of hospitality management at a local college, and is currently a consultant in the hotel/hospitality industry.

Hotel Guest is Seriously Injured by Folding Shower Seat

This case involves an individual who was injured in a hotel bathroom in Maine due to an allegedly defective shower seat. The individual, an elderly female patron of the hotel who had specifically requested a handicap accessible hotel room for her stay, had just checked into the hotel when she attempted to use the shower. When the woman attempted to sit on the folding shower seat that was installed in her room the seat immediately collapsed, causing the woman to fall and strike her head on the bathtub’s tap. The seat in question had been installed by a third-party contractor a few months before the date of the incident in question, and the part of the seat that failed was identified as a component used to adjust the height of the seat.

I am an Architect licensed in 33 US States, and am specialized in hotel design. We have designed more than 100 hotels and resorts. I have successfully worked on more than 100 ADA-related matters and from this experience. I have specified many hotel tubs and showers that are compliant with Federal ADA guidelines and Chapters 11 (accessibility) and 29 (plumbing) sections of the International Building Code and related local accessibility and plumbing codes. You may be aware that this chain of hotels demands that developers and their design team members design their hotels according to their 300 + page guidelines and, moreover, review and approve the design team's Record Contract Documents. What the facts of this summary appear to show is that the bathroom of the hotel room came equipped with a defectively installed shower seat that also failed catastrophically. Therefore, there is a reasoned argument that the manufacturer, installation firm, and hotel are likely responsible for the sort of situation that is the subject of this matter.

1. Please briefly describe your experience installing handicapped shower chairs.

Location: PA BA, Architecture, Cornell University MS, Architecture and Urban Planning, Columbia University Registered, Architect, 33 states Member, American Institution of Architects Member, US Green Building Council Member, International Code Council Member, Construction Specifications Institute Former A******** A****** I************ Former A******** H***** L******* W****** Current P******** A******** a* a************ d***** f*** i* P*

Northeast

Maine

This nationally recognized architect and planning consultant is licensed to practice in 33 states with a specialty in life safety and risk avoidance in the built environment. He earned his BA in architecture from Cornell University and his MS in architecture and urban design from Columbia University. He is a licensed architect by the American Institute of Architects and is certified by the National Council of Architectural Registration Boards. He is the author of several professional textbooks and trade journal articles, has been awarded multiple copyrights, and is an active member of numerous professional societies including the American Institute of Architects, the International Code Council, and the Construction Specifications Institute. He is currently the principal and architect of record at an independent planning, architectural, and interior design practice in Pennsylvania.

ADA Compliance Expert Discusses Unsafe Hotel Bathroom

This case involves a legally blind woman who fell in a hotel shower. Before her stay, the guest requested accommodations with a handicap bathroom. Upon arriving at the hotel, the guest was informed that the hotel staff never received her request and she was given a room with a non-handicap bathroom. As part of hotel policy, the front desk staff is also required to inform guests that bath mats are available upon request, but this information was not relayed to the blind guest. Less than an hour later, the guest fell and broke her hip while in the shower. An expert in hotel management and operations was sought to opine on the hotel’s responsibility to ensure the safety of their guests.

I wrote my master's thesis on hotel accident prevention policies and protocols. In general, it is standard for most major hotel brands to replace or resurface bathtubs every 7-10 years. Some measures that can be taken in order to mitigate the risk of guests slipping in hotel bathrooms include implementing friction strips, slip-resistant mats or additional bath mats, installing guardrails or shower bars, installing better draining in the shower, and providing shower seats in all ADA rooms. Most properties should undergo sensitivity and accommodations training to properly assist guests with special needs. When the guest was booking the reservation, the team should have provided an explanation of available accommodations. In addition, ADA rooms are to be pre-assigned almost immediately upon booking so that if the request cannot be met, the guest can be notified. Finally, upon arrival, the front desk should have offered a proper resolution of the matter and made proper safety arrangements with the appropriate departments, namely housekeeping, and engineering.

1. What are some measures that need to be taken to mitigate the risk of guests slipping in hotel bathrooms? 2. What measures should be taken to accommodate guests with special needs, such as blindness, and what measures should be taken to notify them of available accommodations?

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Bathroom Expert Witness Case Studies

Plumbing Expert Witness Discusses Water Damage in Condominium

Mechanical Engineering Expert Witness Advises on Slip and Fall in Retail Bathroom

Accident reconstruction expert witness advises on hotel slip and fall

Hotel Guest is Seriously Injured by Folding Shower Seat

ADA Compliance Expert Discusses Unsafe Hotel Bathroom

Handicapped Guest Sustains Serious Injuries After Falling In Hotel Shower

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