No matter the setting, when someone slips and falls due to a wet floor, there is potential for liability. Generally, premise managers are tasked with providing a safe environment and warning of any potential hazards that could lead to accidents. Failure to do so could result in a premises liability lawsuit. A few people will argue that if there is a wet floor sign present, the property owner or manager is not liable for any accidents that occur. However, this is not always true. Even when warning signs are posted, owners can still be held responsible if they failed to take enough precautions to prevent injuries. The sign must clearly warn of the hazard and be placed in a visible location where it can be seen by visitors.
Determining Negligence in a Slip and Fall
It must be determined whether the property owner was negligent. This could fall into two categories: actual or constructive knowledge. Actual negligence is when the owner knows of a hazardous condition and fails to take action to address it. Constructive knowledge means that they should have been aware of the hazardous condition. Several factors could lead to this type of accident, including improper cleaning, unmarked hazards, and inadequate maintenance. Since the landlord is responsible for maintaining a safe environment, it is their job to take preventative action. If these duties are neglected, they can be held responsible for any accidents that happen on their premises.
The Law regarding Warning Signs
Ultimately, the law will consider all the evidence to determine who should be liable when there was a warning sign present. As earlier mentioned, the property owner will be held responsible if they failed to provide adequate warning or perform the duties necessary to maintain a safe environment. You could also be held partly responsible if it is proven you were aware of the hazard warning but did not take any action to avoid it. The presence of wet floor signs is important, but not always enough of a precaution to protect visitors from harm. If it can be determined that the sign was insufficient or not placed in an appropriate location, the owner could still be liable for any injuries that occurred due to their negligence. If you’re a victim, you should take a few steps, like visiting a doctor and gathering evidence to help prove the landlord’s negligence in court.
When it comes to bigger organizations, it is important to note that they often have a team of lawyers behind them. And since they are often insured, they may be more likely to settle out of court. Thus, it is advisable to seek legal advice from a premises liability lawyer, who can help you build a strong case and ensure that you receive the compensation you are entitled to.
Conclusion
When a warning sign is present, but the property owner fails to take reasonable care in ensuring safety, they are likely to be held liable for any accidents that occur as a result. Victims should seek legal advice from an attorney, who can guide how to best pursue their case. Doing so will help ensure that justice is served and that victims receive the compensation they deserve.
