In a recent case, Hall v. Noble-Interstate Management Group, LLC (2019), guests at an Atlanta hotel sued the hotel because of injuries sustained from a slip and fall in a hotel bathtub. The trial court granted judgment for the hotel, but a Georgia Court of Appeals reversed that ruling. It said that the case could proceed because there was evidence that the slippery bathtub exposed the hotel guests to an unreasonable risk of harm.
Requirements for Bathtub Liability
A hotel can be liable to a guest for injuries from a bathtub slip and fall when the hotel owner has “superior knowledge” of “an unreasonable risk of harm.” Superior knowledge means that the hotel knew of, or should have realized, that there was an unreasonable risk to the guest that the guest didn’t know about. For that reason, if a hotel fails to follow construction standards set out in codes and regulations, that failure, all by itself, can show superior knowledge of an unreasonable risk. The thought is that the hotel knows, or should know, that there are specific codes and regulations it must follow when building or maintaining a bathtub. The hotel guests can’t be expected to know about any codes or regulations that apply.
Hotel Didn’t Follow Industry Standards
The case involved a hotel under partial renovation where the anti-slip strips had been removed from the bathtub. The absence of the anti-slip strips might well have caused the slip and fall. Fulton County codes, along the American Society for Testing and Materials, an international standards organization, require bathtubs to have anti-slip tubs, slip strips, appliques or slip-proof mats. This bathtub had none of these things, so the trial court should not have granted judgment exonerating the hotel.
Bathtub Injuries Can Be Serious
Setting aside the legalese, the fact is that one of the hotel guests suffered substantial injuries from his slip and fall. When he fell, he hurt his knee, hip, arm and head. The fall knocked him out for a while, then he experienced seeing stars like in cartoons. Later, he developed a headache, blurred vision and nausea, for which he sought medical attention. Now he will be able to present his claims to a jury.
Call Bader Scott Injury Lawyers for your Injuries
If you’ve been in a Slip and Fall Accident in Atlanta, you need to call Bader Scott Injury Lawyers to figure out your options. Our premises liability lawyers can help you through the complicated web of homeowner’s insurance clauses you’ll need to be compensated.
Seth Bader is an Auto accident, Workers Compensation and Personal Injury Attorney who practices in Atlanta, Rome, Savannah, Norcross, Carrollton, Georgia. He graduated from Florida State University College of Law, and has been practicing law for 14 years. Seth Bader believes in fighting for the injured. Learn more about his experience by clicking here.