Q: One evening, while staying at a hotel, I entered the bathroom – whose floor was composed of granite tiles, very smooth – and picked up the small bathroom rug. It lacked rubber backing or other non-skid material, and was made of one-hundred percent cotton terry material. I placed this rug in front of the tub. Without incident, I took a shower, dried off in the tub, exited the bathroom and started to get dressed. Several minutes later, I re-entered the bathroom and took one step onto the rug. It slid forward, causing me to twist my knee and fall backward to the floor.
A: One assumes that your attorney will argue that the failure to provide non-skid backing on the rug was a dangerous condition. The hotel created this dangerous condition, or at least had some prior notice of it. In cases involving inherently smooth and potentially-slippery tiled or stone floors, liability often hinges upon competent evidence of a defect in the surface or in the rug – or some deviation from an applicable industry standard. Most probably you will need the testimony of an expert, competent methodically to give his or her opinion that industry standards require that a bathroom rug be fixed in place or provided with slip-resistant backing. Often, the attorney will prefer that the expert examine the actual floor, because it can be impossible to determine from a photograph how slippery this floor was, if at all.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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