No Liability For Slip & Fall In Hotel Bathtub.

Plaintiff slipped and fell in a hotel bathtub and sued the hotel and the manufacturer of the bathtub.  Against the manufacturer, he alleged the Slip-guard surface was not safe.  Even plaintiff admitted industry standards were met.  The appellate court stated plaintiff and his expert “were obligated to give a greater factual basis for application of any higher safety standards.”  The hotel’s expert opined the coefficient of friction complied with industry standards and the hotel had no notice since prior incidents were not substantially similar.  The appellate court said summary judgment should have been granted.  Howard v. Omni Hotels Management Corp. and Kohler Co.  (Cal. App. Fourth Dist., Div. 1; February 8, 2012) 203 Cal.App.4th 403, [136 Cal.Rptr.3d 739].