Can I Still Sue for a Slip and Fall If There Was a Wet Floor Sign?
The presence of a wet floor sign at a supermarket, restaurant, or other establishment does make suing for a slip and fall more difficult if the wet area caused the fall. However, each situation is unique, and circumstances may prove other factors contributed to the fall.
For example, a wet floor sign does not negate inadequate lighting in the area. If a person cannot clearly see the wet floor sign, let alone the wet floor, they would not know to avoid that spot.
Just because a wet floor sign was in place does not mean you cannot file a personal injury lawsuit if you were injured in the fall. A Los Angeles slip and fall lawyer at Ellis Injury Law will investigate the claim and determine whether you could recover compensation.
Wet floor signs
When a spillage is cleaned up in a restaurant, supermarket, or other business, or after routine mopping, the management should put up a wet floor sign. Such signage warns the public of the potential hazard and should protect the property owner in case a slip and fall occurs. Putting up the sign shows the owner or manager took reasonable steps to prevent accidents due to a slippery floor.
However, in order for the wet floor sign to serve its intended purposes, it must meet certain criteria. It requires placement where the public can see it. A small sign is easily missed by pedestrians in the vicinity.
A sign several feet away from the wet floor is confusing. If hidden behind some other item, or not in the area of the wet floor, it is not warning passersby of the danger. The same holds true if it is illegible, which may happen with a handmade sign.
The sign must have been in place at the time of the fall. A wet floor sign placed in the location after the fall informs other members of the public of the hazardous condition, not the original victim.
That is why it is critical to take photos of the slip and fall scene immediately, if possible. As soon as the management is notified of the fall, it is likely a wet floor sign will appear. A slip & fall attorney knows that the property owner may claim a wet floor sign was in place at the time of the incident when that is not true.
Obstacles limit options
The aisleways in many stores are laden with obstacles, ranging from boxes and displays to merchandise and stock carts. In some cases, the accident victim could not avoid venturing near the wet floor areas, as there was no alternative route.
When spillage occurs, management must take prompt action to remedy the situation. The wet floor sign goes up as soon as possible. Management is still responsible for the proper clean-up of the spilled item.
If the product spilled is greasy or oily, the wet floor sign is fine temporarily. In a high traffic area such as a grocery store or restaurant, failure to clean up such a slippery mess thoroughly right away may affect property owner liability.
A close examination
Slip and fall lawyers must examine every aspect of a case. A client may have slipped near a wet floor sign, but a closer examination of the scene shows the flooring was cracked, chipped, or uneven. This condition may have been the cause of the slip and fall, not a wet floor per se.
Contact a Los Angeles slip and fall lawyer
If you or a loved one are suffering serious injuries after slipping on a wet floor in a supermarket or other commercial establishment, you need the services of an experienced Los Angeles personal injury lawyer at Ellis Injury Law. Arrange a free consultation by completing our online form or calling or texting 24/7.
We will discuss whether you have grounds to file a lawsuit. As we work on a contingency basis, there is never a fee unless you receive compensation.