This case involves a man who was staying at a high-end hotel chain while on business in southern California. During his first night in the hotel, the man went to use the shower, where he noted the unusually slippery nature of the tub’s surface. The tub was freestanding, and lacked a number of common safety features, including no-slip strips, handrails, anti-slip coating or other traction aids. Despite his best efforts to use the shower carefully, the man slipped and fell while using the tub, striking his head on the edge of the tub. As a result of the fall the man suffered a traumatic brain injury, which required extensive treatment and physical rehabilitation.
Question(s) For Expert Witness
1. Do you have knowledge of proper safety mechanisms that a hotel bathtub should have?
2. Are you able to review case and determine if this tub met proper safety standards?
Expert Witness Response E-001121
It is difficult to prove negligence on the manufacturing of the tub, because they are all standardized to a very specific ANSI Standard. However, if there is something specifically off with the maintenance, location of the grab bar (or lack thereof), or coefficient of friction, then there is likely an actionable issue here. I am familiar with the relevant hotel codes, and I am an expert in human factors, coefficient of friction, tub slip and falls.
Expert Bio
This expert has over 25 years of experience as a practicing engineer and life safety consultant responsible for accident investigations, building code interpretations, facility condition assessments, and engineering investigations related to accidents, personal injuries, and building code violations. He has specialization in focusing on investigation of accidents involving personal injuries related to human factors, OSHA/ADA, as well as trips and falls on stairs, ladders and slippery or uneven surfaces. Additionally, he has provided expert witness testimony related to human factors, falls on stairs and common areas, building code violations, defective construction, and life safety issues. He has had extensive academic education in the areas of human factors, ergonomics, safety and usability.
About the author
Joseph O'Neill
Joe has extensive experience in online journalism and technical writing across a range of legal topics, including personal injury, meidcal malpractice, mass torts, consumer litigation, commercial litigation, and more. Joe spent close to six years working at Expert Institute, finishing up his role here as Director of Marketing. He has considerable knowledge across an array of legal topics pertaining to expert witnesses. Currently, Joe servces as Owner and Demand Generation Consultant at LightSail Consulting.
