Background

A tenant on the premises of an apartment complex reportedly drowned in the swimming pool during the early hours of a morning. The apartment complex was comprised of multiple buildings of similar size, construction, and configuration. Each building had perimeter living units with an open area in the center where a courtyard and swimming pool were located.

Services Provided

Rimkus was retained to inspect the swimming pool area for code compliance, perform a coefficient of friction test of the pool deck area, and acquire light meter readings at the areas around the swimming pool to verify compliance with applicable codes. Based on an on-site inspection of the premises, slip resistant testing, lighting condition assessment, building codes reviews and related information, Rimkus concluded the following and provided expert witness testimony at trial.

• The swimming pool and swimming pool area at the apartment complex complied with the applicable codes and regulations.
• The overall average slip resistance index of the pool deck surface and pool deck coping would be considered slip resistant in both a dry condition and a wet condition.
• The lighting levels within and around the swimming pool at the premises complied with the applicable codes and regulations.