Can You File a Slip and Fall Claim Even if There Was a Wet Floor Sign?
If a wet floor sign was present at the time of your slip and fall accident in Los Angeles, this does not mean you automatically forfeit the right to hold a property or business owner responsible for your injuries and losses. There are numerous factors to consider, such as the effectiveness and visibility of the warning sign. Consult with an attorney to understand your rights based on the specific circumstances of your case.
Property Owner Responsibilities in California
California’s premises liability laws impose certain responsibilities on property owners regarding the safety of their properties. These legal obligations or duties of care depend on the classification of the property visitor. For example, invitees are owed the highest duty of care. Invitees are welcomed onto a property for the owner’s own benefit, such as customers at a business.
A property owner must fulfill the following duties of care for an invitee:
- Inspect the premises for new or unknown hazards.
- Repair any discovered property defects in a timely manner.
- Warn visitors of injury risks that are not obvious.
These duties of care mean that if a property contains a potential slip and fall accident risk, such as an invisible puddle of water or a fresh coat of floor wax, the property owner has the legal obligation to either remedy the issue within a reasonable amount of time or properly warn visitors of the slip and fall accident risk. A failure to meet these obligations could result in a slip and fall claim being brought against the property owner.
How a Wet Floor Sign Might Affect Your Slip and Fall Case
Wet floor signs, such as the bright yellow caution signs, can be used to mark an unexpected floor hazard, such as spilled milk in a grocery store. While a property owner or his or her lawyer may try to allege that the presence of a wet floor sign means that the insurance company bears no responsibility for a victim’s slip and fall accident, this is not always the case.
Several issues or errors could undermine the effectiveness of a wet floor sign, such as:
- The location of the sign created a lack of visibility.
- The lighting of the area was inadequate to see the sign.
- The sign was put out too late to prevent slip and fall accidents.
- Property conditions were so dangerous that a wet floor sign was not sufficient.
- There were other dangerous property defects in addition to the wet floor.
- The owner failed to follow a wet floor sign with actions to remedy the hazard, such as mopping up a spill.
Proving that a wet floor sign was ineffective or insufficient for the purpose of preventing a slip and fall accident is something that may require help from an experienced attorney. A slip and fall accident lawyer can gather evidence to support your injury claim, such as logs that prove negligent property maintenance. A lawyer can demonstrate how the use of the wet floor sign is not enough to protect the property owner from liability.
What to Do After a Slip and Fall Accident
If you slipped and fell on someone else’s property because of a dangerous condition or floor surface defect, you still may be entitled to financial compensation for your medical bills and lost wages despite the presence of a wet floor sign. Get medical care for your injuries and collect as much information as you can about your slip and fall accident.
Then, contact a lawyer at Rose, Klein & Marias, LLP to request a free case consultation. Our lawyers can help you prove that a property owner is liable for your losses even if a wet floor sign was present at the time of your accident.