No Wet Floor Sign: When a Slip and Fall Can Lead to a Lawsuit

Slip and fall accidents happen every day, often leaving victims with serious injuries, mounting medical bills, and questions about their legal rights. While accidents can occur anywhere, one common factor often changes the narrative: the absence of a “wet floor” sign. 

Whether it’s a grocery store, a restaurant, or an office building, property owners and businesses have a legal duty to ensure the safety of their premises. When they fail to do so, and someone is injured as a result, the injured party may have grounds to file a lawsuit.

Can You Sue for No “Wet Floor” Sign?

Yes. A failure to warn of a slippery surface is negligence—plain and simple.

The moment you step on a business property, the business owes you a duty of care to take steps that prevent you from getting hurt. 

As one of the most common types of premises liability cases, a slip and fall accident frequently unfolds due to a wet floor, although you can sustain one or more injuries from slipping and falling on an icy patch outdoors, as well as trip over an extension cord or a loose piece of tile or carpeting.

Every case, however, is different. To determine if your case is eligible for a lawsuit, there are many factors to consider, and an experienced slip and fall lawyer can help.

Premises Liability – What You Should Know

Premises liability is a legal concept that holds property owners and operators responsible for maintaining a safe environment. The cornerstone of premises liability is negligence—a failure to take reasonable care in preventing harm. This duty applies to businesses, landlords, and even homeowners who invite others onto their property.

In the context of slip and fall accidents, the lack of a wet floor sign can be a clear indication of negligence. When floors are freshly mopped, or a spill occurs, a wet floor sign serves as a warning to people passing through. Without this visual cue, unsuspecting visitors are at a heightened risk of slipping and injuring themselves.

It’s important to note, however, that not every slip and fall accident automatically qualifies for a lawsuit. The injured party must prove several key elements:

• Duty of Care: The property owner had a responsibility to maintain a safe environment.
• Breach of Duty: The absence of a wet floor sign or other safety measures violated that responsibility.
• Causation: The breach directly caused the slip and fall accident.
• Damages: The victim suffered measurable injuries or losses as a result.

When these elements align, a victim may have a strong premises liability case.

The Role of Wet Floor Signs

Wet floor signs may seem like minor, mundane objects, but their role in public safety is significant. These signs are more than just a courtesy; they are a preventative measure that informs people about potential hazards. 

When a business or property owner fails to use a wet floor sign in situations that warrant one, they’re not just ignoring best practices—they’re neglecting their legal obligation to ensure safety.

Common Situations Where Wet Floor Signs Are Necessary:

• Mopped or Waxed Floors: After cleaning, floors are often left slippery. Signs should be placed immediately to warn people.
• Spills: In grocery stores, restaurants, or cafes, spills are a common occurrence. Employees must act quickly to address the hazard and place a sign.
• Inclement Weather: Rain or snow can create wet, slippery entrances. Businesses should use mats and wet floor signs to mitigate risks.

Failing to provide clear warning signs in these situations can lead to serious consequences, both for the victim and the property owner.

Common Injuries From Slip and Fall Accidents

Slip and fall accidents might sound minor, but their consequences can be anything but. Victims often sustain serious injuries, some of which have long-term or permanent effects. Common injuries include:

• Fractures: Broken wrists, arms, or hips are frequent outcomes.
• Head Injuries: Concussions and traumatic brain injuries (TBIs) can occur if the victim’s head strikes the ground.
• Spinal Injuries: Slips can lead to herniated discs or other spinal damage.
• Soft Tissue Injuries: Sprains, strains, and tears in muscles or ligaments can result in chronic pain.

These injuries often require extensive medical care, including surgeries, physical therapy, and ongoing treatment, all of which come at a significant financial cost. This is why proving negligence and seeking compensation is so crucial for victims.

Establishing Negligence in a Slip and Fall Case

Proving negligence is the backbone of any successful slip and fall lawsuit. But how do you demonstrate that the lack of a wet floor sign directly caused your injury?

First, document the scene. Photographs of the area where the fall occurred are critical. If no wet floor sign was present, capturing this in pictures strengthens your case. Video displaying a 360 view around the accident area can also explicitly show that no sign was nearby.

Statements from people who saw the accident or observed the conditions can corroborate your claim. If there were witnesses, get their information.

Next, report the accident to the store. Many businesses have procedures for documenting accidents. Request a copy of the report to ensure accuracy.

When you are hurt in an accident, you should seek immediate medical attention. Even if you feel fine, some injuries do not show symptoms right away and can worsen over time if left untreated. Your medical records not only prove the extent of your injuries but also link them to the slip and fall incident.

In some cases, maintenance logs or cleaning schedules can reveal whether the property owner took appropriate safety measures. An attorney can help you to obtain these records.

The more evidence you can gather, the stronger your case will be. This is where working with an experienced attorney becomes invaluable.

Comparative Negligence: What If You Were Partially at Fault?

One question many victims have is, “What if I was partially at fault for a slip and fall accident?” 

For instance, you might have been looking at your phone when the accident occurred. The good news is that you may still have a case, thanks to the legal doctrine of comparative negligence.

In comparative negligence states, fault is divided between the parties based on their level of responsibility. If the court determines that you were 20% at fault, your compensation may be reduced by that percentage, depending on the exact local laws. However, if the property owner’s negligence—such as failing to place a wet floor sign—is deemed the primary cause, you can still recover a significant portion of damages.

Compensation You May Be Entitled To

Victims of slip and fall accidents often face mounting expenses and disruptions to their lives. A successful lawsuit can provide compensation for a variety of damages, including:

• Medical Expenses: Coverage for hospital bills, surgeries, medications, and rehabilitation.
• Lost Wages: Compensation for time missed from work due to your injuries.
• Pain and Suffering: Damages for the physical pain and emotional distress caused by the accident.
• Future Costs: If your injuries require long-term care, you may be entitled to future medical expenses and lost earning capacity.

By working with an attorney, you can ensure that all potential damages are considered when calculating your compensation.

Contact Morgan & Morgan for Help

Navigating a slip and fall lawsuit can be overwhelming, especially when you’re recovering from injuries. That’s where Morgan & Morgan comes in. With decades of experience handling premises liability cases, we understand the complexities of the legal system and know how to build a strong case on your behalf.

Our team can conduct a thorough investigation into your accident, gather critical evidence, including witness statements and maintenance records, and work with medical experts to document the extent of your injuries.

Once your case is ready, Morgan & Morgan can negotiate with insurance companies to secure a fair settlement or take your case to trial if necessary.

At Morgan & Morgan, we work on a contingency fee basis, which means you pay nothing unless we win your case. This ensures that you have access to top-notch legal representation without upfront costs.

Slip and fall accidents are not just minor mishaps; they can lead to serious injuries and long-lasting consequences. When a property owner’s negligence—such as failing to place a wet floor sign—causes harm, victims have the right to seek justice and compensation.

If you or a loved one has been injured in a slip and fall accident, don’t wait to take action. Contact Morgan & Morgan today for a free case evaluation. Our experienced attorneys will fight tirelessly to ensure that your rights are protected and that you receive the compensation you need and deserve to move forward with your life. 

Frequently Asked Questions

Can I sue if I slip and fall on a wet floor at work?

All U.S. states but Texas require employers to provide workers' compensation insurance for their workers. This insurance coverage protects workers when they get injured in the workplace. It settles their medical bills and lost wages, among other benefits to which the employee might be entitled when they get injured in the workplace. In return, the employee waives their right to file a lawsuit against their employer.

However, depending on the unique circumstances of your case, you may be able to sue your employer after slipping and falling on a wet floor at work. For example, if your employer does not have workers' compensation insurance even though the law requires them to, this could be a good reason for filing a lawsuit.

Who should I sue if I slip on a wet floor?

Liability for slip and fall varies from case to case. In general, you can sue the owner of the property where the incident occurred.

For example, if you slipped and fell on a wet floor in a common area at your apartment, you can sue the apartment owner or property management company.

On the other hand, suppose you slip and fall in a grocery store. In that case, you may be able to file a slip and fall lawsuit against the grocery store owner.

It is also important to note that just because the accident occurred at someone's property does not necessarily mean they are directly liable for your injuries. This is because different people and entities share varying levels of responsibility when it comes to such accidents.

Take, for instance, a slip and fall accident that occurred at a shopping mall. Under normal circumstances, you may want to file a lawsuit against the owner of the mall or the property management company in charge of the establishment.

However, what happens if the mall owner hired an independent cleaning company responsible for the dangerous condition (wet floor) that led to your injuries? In that case, you will need to file a claim with the cleaning company, not the mall owner or property management company.

The bottom line is that the issue of liability is complicated and confusing. Just because such an accident occurred on someone's property does not necessarily mean the property owner is liable. You need an experienced slip and fall attorney to review the unique circumstances of your case and determine liability.

What is the deadline to file a personal injury lawsuit?

Every state has established a deadline for filing a personal injury lawsuit that seeks monetary damages, with the most common deadline falling between two and four years. This is known as the statute of limitations. 

The clock starts ticking on a personal injury lawsuit on the day when you sustained one or more injuries. There are exceptions to the rule, such as your lawyer might get an extension because you sustained an injury that produced delayed symptoms.

If you fail to file a personal injury lawsuit before the expiration of the statute of limitations, expect the court clerk processing your case to dismiss it.

Working with Morgan & Morgan as soon as possible can help you to ensure that your claim is filed correctly and on time.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.