Guest slipped and fell in shower tub 571
April 17th, 2012 
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Howard v Omni Hotels Management Corp. 203 Cal.App.4th 403 (2012) (4/1) Howard, guest at Omni, slipped and fell in shower tub. Two prior accidents in other of chain’s hotels. Tub’s manufacturer, Kohler, showed tub met industry (ASTM) standards. Howard’s expert stated industry slipperiness standards, equivalent to ice, dangerously low. San-Diego-Auto-Accident-lawyer Omni’s MSJ denied (after new trial motion), reversed; Kohler’s MSJ granted, affirmed. [1]Whether industry standards compliance defeats a products liability claim may depend on scope of pleading, here alleged, “did not comply with applicable standards,” rather than consumer-expectations test. Once Howard’s expert stated that standards met, his opinion that higher standards needed is merely opinion, unsupported by evidence showing notice of standards’ being inadequate, and no such evidence adduced. [2] Negligence count against manufacturer: cannot rely on opinion of single expert attempting to counter established and accepted industry standards, especially where no evidence beyond expert’s conclusory opinion. [3] Hotel in special relationship with guests to protect them from unreasonable risk. Hotel not on notice where chain’s two prior accidents not shown to be similar (accident reports not describing conditions of tub, guests medical conditions, etc. San Diego personal injury attorney