Hotel Guest is Seriously Injured by Folding Shower Seat

Case Overview

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.

Questions to the Premises Liability expert and their responses

Do you have knowledge of the industry standards for ADA bathrooms?

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.

What steps do hotel/motels need to follow in order to keep ADA rooms up to date?

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.

About the expert

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.

E-011651

Specialties:

Premises Liability