Yes, you can still pursue a lawsuit even if there is a wet floor sign present if you slip and injure yourself. While warning signs are important safety measures, their mere presence doesn‘t automatically shield a business from liability.
A business must demonstrate it took appropriate steps to address the hazardous condition that could cause a slip-and-fall. The key factors are whether the company took reasonable precautions beyond just placing the sign and whether the sign was properly placed to warn customers of the hazard effectively.
Our Los Angeles slip-and-fall lawyers explain below why a warning sign alone isn’t always enough to protect a business from a lawsuit.
What Makes a Business Liable Despite Posted Warnings?
Several factors can make a business liable for a wet floor despite posting a warning. These include failing to address the underlying cause of the wet floor, allowing a hazardous condition to persist for an unreasonable time, or not taking additional precautions during high–traffic periods.
The business must show that it followed proper safety protocols beyond placing warning signs. These protocols include regular monitoring of the area, prompt cleanup of spills, and maintenance of adequate lighting and visibility.
What Are Examples of Inadequate Warning Signs?
A warning sign far from the actual hazard may not provide adequate warning. For instance, if a sign is positioned at the store entrance but the wet floor is around a corner in the back of the store, customers cannot know where the actual danger lies.
Signs blocked from view by store displays, merchandise, or other obstacles fail to serve their purpose. Even a properly placed sign becomes inadequate if hidden behind a shopping cart, display rack, or temporary holiday decoration.
Poor lighting conditions can also render warning signs ineffective, especially in the evening. A sign that can’t be easily read or noticed due to inadequate lighting doesn’t fulfill its safety purpose.
What Makes Warning Signs Ineffective in High-Traffic Areas?
A single warning sign may not be sufficient for large areas or crowds during peak shopping hours or special events. Multiple signs may be necessary to ensure visibility from different approaches to the hazardous area.
Sign placement becomes particularly crucial in areas with multiple directions of foot traffic. A sign visible to customers entering from one direction might be hidden entirely from those approaching from another angle.
High customer volume can also cause signs to be knocked over or moved from their intended location. Businesses must regularly check and adjust sign placement to maintain effectiveness during busy periods.
What if I Fall While Trying to Avoid a Wet Area?
Businesses can be held liable if warning signs force customers to take unsafe alternative routes. For instance, if a wet floor blocks the only accessible path to an essential area like a restroom or emergency exit, the business may be responsible for injuries caused by customers who attempt to avoid the hazard.
The business has a duty to provide safe alternative routes when blocking off areas for cleaning or maintenance. This includes ensuring that detour paths are well-lit, free of obstacles, and capable of accommodating customers with mobility devices or strollers. Failing to provide these safe alternatives can constitute negligence.
A particularly concerning situation arises when avoiding one marked wet area forces customers into another hazardous area. For example, if stepping around a marked wet floor causes you to slip on an unmarked wet area, or if avoiding a spill forces you into a poorly lit or cluttered area where you trip, you could still sue after falling even if there is a wet floor sign out.
How Do Weather Conditions Affect Warning Sign Requirements?
Businesses must take extra precautions beyond basic warning signs during rainy or snowy weather. A single sign at the entrance may not be sufficient when customers are tracking water throughout the store.
Businesses should provide additional safety measures such as absorbent mats, regular floor cleaning, and multiple warning signs throughout areas affected by tracked-in precipitation. Failure to adapt safety measures to weather conditions can constitute negligence.
Weather-related hazards and inadequate warnings can create dangerous situations in entranceways, aisles, and checkout areas. Businesses must adjust their safety protocols based on changing weather conditions.
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How Do I Prove My Case if I Fall When There Was a Wet Floor Sign?
Documenting evidence immediately after your fall is crucial for building a strong case. Take photos of the accident scene, including the wet floor, any warning signs, and their placement in relation to the hazard.
Gathering witness statements and obtaining surveillance footage can help establish the circumstances of your fall. This evidence can show how long the hazard existed and whether the business took reasonable precautions.
Medical documentation linking your injuries directly to the fall is essential for proving damages. Keep detailed records of all medical treatments, expenses, and how the injuries have affected your daily life.
Contact Us for Help With Your Slip and Fall Case
You can sue after falling even if there was a wet floor sign out. Our experienced attorneys can evaluate your case and help determine the best path forward for seeking compensation. Contact Omega Law Group Accident & Injury Attorneys today for a free consultation to discuss your slip and fall accident and learn how we can help protect your rights.
