Adams v. Dow Hotel

MARKS, J.

Plaintiffs brought this action to recover damages for injuries sustained by John B. Adams to both hands which were cut when the porcelain handle of the hot water faucet of a bathtub broke when he was attempting to turn off the water. Judgment went for defendants and plaintiffs have appealed.

G. Walter Dow was the owner and operator of the Dow Hotel in Lone Pine, California. Dow Hotel is merely the name of the hotel operated by G. Walter Dow. Hereafter we will refer to him as the defendant.

On March 7, 1936, plaintiff John B. Adams became a guest of the hotel and was assigned a room with bath. The accident happened during the late evening of that day, without warning, the porcelain handle of the faucet breaking when Adams attempted to turn off the hot water. One large piece, about one and one-quarter inches long by three-quarters of an inch wide, and some other smaller pieces broke from the handle. The broken porcelain showed a dark mark between one-half and one inch long where the large pieces fitted together.

There is evidence that the porcelain on handles of hot water faucets will crack due to expansion caused by heat; that a porcelain handle with a crack in it one-half an inch long would be unsafe because of its liability to break under the pressure of turning off the water.

On behalf of defendant it was proved that no porcelain handles had broken before the one in question; that the handle was of a standard make; that the room and bath occupied by plaintiff had been inspected almost daily, and twice on March 7, 1936, and nothing had been found out of order.

The findings of fact contain the following:

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“The court finds that it is true that on the 7th day of March, 1936, one of the fixtures in the bathroom rented to the plaintiff John B. Adams, to-wit, the right porcelain handle affixed to the bath tub, was in a dangerous and unsafe condition, and that the dangerous and unsafe condition of said right porcelain handle affixed to said bath tub wás wholly unknown to said plaintiff and was wholly unknown to the defendant. The court further finds that at all times the defendant exercised reasonable care in the maintenance and operation of said hotel and the rooms, furniture, fixtures, bathroom equipment, appliances and accessories in connection therewith.