Can You Sue If There Is a Wet Floor Sign?

Posted in Blog Post on July 15, 2019

Wet floors are some of the most dangerous property hazards in San Diego. A floor that is too slick or slippery to safely walk across can cause serious falls and related injuries. Hidden fall hazards such as spilled water or melted ice could lead to bone fractures, sprains, back injuries and traumatic brain injuries. A property owner may not completely avoid responsibility for a slip-and-fall accident just because he or she posted a wet floor sign. Putting up a sign does not automatically absolve a property owner of liability for injuries in California.

Necessary Elements for a Lawsuit

One of the first tests your slip-and-fall claim must pass is having the four main elements of a lawsuit. Most personal injury accident claims in California need the same four elements for the victim to have a valid case against the defendant. Slip-and-fall accidents are no exceptions. You may be able to file a claim for a wet floor accident if four things about your case are true.

1. The property owner owed you a duty of care. Property owners owe duties of care to invitees and licensees. These are people the owner expressly or implicitly invite to enter the property. Most trespassers do not benefit from duties of care in California.
2. The property owner did not fulfill his or her duties. Failed duties that could lead to slip-and-falls include ignoring property hazards, failing to inspect the property and failing to post proper signage.
3. Your fall happened because of the property owner’s negligence or carelessness. The property owner’s actions or omissions must have caused or at least contributed to your fall accident.
4. You suffered damages. Finally, you must have suffered measurable damages in the slip-and-fall accident, such as physical injuries, pain and suffering, or medical expenses.

Proving your claim could be more difficult if the property owner posted a sign warning people of the wet or slippery floor. The presence of a sign could be a valid defense against property owner negligence. Since the owner fulfilled the duty to warn people of a known hazard, it could make it more difficult to prove fault for your injuries.

Failure to Take Reasonable Steps to Prevent the Fall

A wet floor sign could make it harder to win a slip-and-fall claim, but it will not automatically protect the property owner from all liability. The owner will still have a duty to take reasonable steps and actions to prevent falls on his or her premises. If the owner fails to uphold this duty in any way, leading to a dangerous condition that causes a fall, the owner could be liable for damages.

• Posting a sign after the fall already happened
• Putting a sign up in the wrong location
• Failing to display the sign prominently or visibly
• Ignoring the spill for too long even with a wet floor sign

Putting up a sign in a negligent manner could still expose the property owner to liability. If the property owner posted the sign reasonably and responsibly, however, you may not have grounds for a liability claim. It is your duty to pay attention to your surroundings, watch where you are walking and look for signs pointing out hazards in San Diego. A lapse in judgment on your part could lead to at least comparative fault for your injuries.

Find Out If You Have a Claim in San Diego

Fault for a slip-and-fall accident in San Diego can be difficult to determine on your own – especially if the property owner posted a wet floor sign before your accident. However, even the correct signage may not completely protect a property owner from liability. You could still be eligible for at least partial compensation. Speak to an attorney near you about your potential premises liability lawsuit. An attorney can review the facts of your case and tell you if you have grounds for a claim.