Strahan v. McCook Hotel Group, 317 Neb. 350

Ron Strahan slipped and fell while showering in a hotel room operated by McCook Hotel Group, alleging the shower tub floor lacked slip-resistant materials and was unreasonably dangerous.
Strahan brought a premises liability/negligence claim against the hotel, seeking damages for injuries sustained in the fall.
The hotel installed the shower tub in question during original construction in 2016 and asserted all tubs had textured, slip-resistant surfaces; no prior complaints were received about slipperiness.
Both sides submitted depositions, affidavits, photographs, and expert reports; there was some factual dispute about the presence and repair of damage to the tub floor, but little direct evidence regarding slipperiness or industry standards.
The district court granted summary judgment to the hotel, reasoning Strahan failed to establish the condition was unreasonably dangerous or that the hotel should have expected guests would not protect themselves from slipping in a shower.
On appeal, the Nebraska Supreme Court affirmed, holding Strahan failed to present evidence showing the shower tub presented an unreasonable risk of harm beyond ordinary risks.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the shower tub floor presented an unreasonably dangerous condition	Tub without slip-resistant surface is unreasonably dangerous; hotels should expect guests not to inspect for slipperiness	Lack of industry standards, no prior complaints, no regulatory requirement; mere slip does not prove danger	No evidence the tub was unreasonably dangerous; speculation is insufficient
Whether factual disputes about the tub’s condition are material	Dispute over presence of textured surface and chip repair creates genuine issue of fact	Dispute is immaterial without proof the tub was unreasonably dangerous	Factual dispute immaterial; no evidence of unreasonable risk
Application of the open and obvious doctrine	Hotel should have foreseen guests would not protect against slipping	Danger of slipping in a wet shower is open and obvious; guests expected to exercise care	Open and obvious doctrine not reached; plaintiff failed to prove dangerous condition
Grant of summary judgment	Genuine issues of material fact precluded summary judgment	Entitled to judgment as a matter of law based on lack of proof	Summary judgment for hotel affirmed

Clark v. Scheels All Sports, 314 Neb. 49 (mere occurrence of a fall is insufficient to show an unreasonably dangerous condition for premises liability)
Sundermann v. Hy-Vee, 306 Neb. 749 (outlines elements of Nebraska premises liability and unreasonable risk requirement)
Woodward v. Saint Francis Med. Ctr., 316 Neb. 737 (standard for reviewing summary judgment on appeal)
Hodson v. Taylor, 290 Neb. 348 (distinguishes between types of premises liability cases)
407 N 117 Street v. Harper, 314 Neb. 843 (summary judgment may be granted if nonmovant fails to provide evidence sufficient to support claim)