You’ve probably walked into a grocery store, mall, or business and seen a yellow “Caution, Wet Floor” sign placed in the middle of a puddle of water. Or perhaps, you slipped and fell because there was water on the floor that did not have such a sign. According to the National Floor Safety Institute, approximately eight million people go to the hospital every year because they were injured in a fall.
Our slip and fall accident lawyers at Peterson Law Firm know that a slip and fall accident due to a wet floor can cause serious injuries, including concussions and broken bones. Often, these accidents happen because a property owner failed to warn visitors of a hazard like a wet floor, or the warning wasn’t visible or placed appropriately. Here, we discuss whether the presence or absence of a caution sign really matters when you’ve been injured in a slip and fall due to a wet floor.
Wet Floor Signs in a Premises Liability Claim: Do They Matter?
All property owners have a legal duty to maintain reasonably safe conditions for visitors. This includes addressing hazards that the owner knows about or should have discovered through regular inspections.
Wet floors, whether from spills, leaks, drips, broken pipes, or cleaning solutions, are a common hazard, and property owners are expected to clean up these hazards right away or provide clear warnings until the issue can be resolved. Wet floor signs are one of the most common ways to warn visitors of a slip hazard.
Lack of Signage Can Strengthen Your Slip and Fall Claim
But what happens if you slip and fall on a wet floor where there is no warning sign present? What you learn about slip and fall accidents makes a difference in the success of your claim. In this situation, you had no reason to suspect the floor was presenting a hazardous condition, and you weren’t given the opportunity to exercise extra caution or avoid the area altogether.
When a property owner fails to warn of a known hazard, they've breached their legal duty of care to visitors. This strengthens your argument that the property owner was negligent and therefore liable for your injuries. To prove negligence in a slip and fall claim, you generally must show the following:
- There was a dangerous condition on the property.
- The property owner knew or should have known about the condition.
- The property owner failed to fix the condition or provide adequate warning.
- You slipped and fell because of this hazardous condition.
- You suffered injuries and damages as a result.
A lack of wet floor signs can provide compelling evidence for the third point: failure to warn. It demonstrates that the property owner did not take reasonable steps to alert visitors to the danger.
When filing a premises liability claim, you’ll also need other types of evidence, which may include the following:
- Witness statements that saw the wet floor and saw you fall because of it
- Photographs that clearly show the wet floor and lack of a caution sign
- The incident report from the property owner that documents your fall and the dangerous condition
- Medical records detailing your injuries and treatment
The stronger the evidence that the property owner knew or should have known about the wet floor and failed to address it properly, the more likely you are to have a successful claim.
The Presence of a Wet Floor Sign: How it Affects Your Slip and Fall Claim
Even if a property owner places a caution sign by the wet floor, they aren’t automatically absolved of liability. There are certain factors that can affect your injury claim, even if there was a sign. These include the following:
- The placement and visibility of the sign. It’s possible that the caution sign was obscured by boxes, merchandise, or other obstacles. If a caution sign is hidden from view, it’s basically useless if visitors can’t see it. It’s important that caution signs are clearly visible and provide adequate warning of the wet floor. A wet floor sign tucked away in a corner or placed after the wet area doesn't provide sufficient warning. Visitors need advanced notice to avoid the hazard. If the sign wasn’t visible, this can be crucial evidence in your injury claim. Additionally, signs placed in the middle of a spill are far less effective because a visitor may step on a slippery spot before reaching the sign.
- The sign was placed in a timely manner. It’s important to determine if the property owner placed the warning sign as soon as they learned of the hazard. Inaction weakens the impact and viability of the sign, and a delay in warning visitors of the hazard can put them at risk.
- The sign was readable. Often, caution signs are stored in back rooms for years, and over time, they become old, damaged, and faded. Your premises liability claim may be strengthened if the sign was not well-maintained or readable. A sign in poor condition doesn't give proper warning.
- There was reasonable expectation of a wet floor. In general, a customer often expects a wet floor hazard in a produce section of a grocery store or near a buffet in a restaurant. There are often spills from ice, salad dressing, and soups around the buffet, and customers likely assume the area could be hazardous. A warning sign is more crucial, however, in unexpected places, like a clothing aisle or in the toy department. The location of the wet floor may factor into your injury claim.
If you disregard a wet floor sign and slip and fall, the property owner may argue that you bear some responsibility for your injuries. After all, you were warned of the hazard and chose to proceed anyway. Our premises liability attorneys will work to gather evidence to counter these defenses. This may involve interviewing witnesses to establish a timeline of how long the floor was wet, reviewing security camera footage to see when the sign was placed, and examining maintenance records to determine how frequently the area was inspected.
Contact Peterson Law Firm When You Slip and Fall
Our job as your premises liability attorney is to investigate all the factors involved in your slip and fall claim and build a strong case showing the property owner’s negligence. Slip and fall claims can be complex, and insurance companies often fight hard to minimize payouts. How a Kansas city lawyer can strengthen your slip and fall claim is by helping you navigate the legal process, gather essential evidence, and advocate for the full compensation you deserve.
At Peterson Law Firm, we've helped many slip and fall victims hold negligent property owners accountable. We know the profound impact a serious injury can have on your life, and we're committed to helping you get the resources you need to move forward.
If you've been hurt because of a wet floor or other hazard on someone else's property, don't try to handle the claim on your own. Read our case results to learn how we’ve helped other clients after a slip and fall.