- January 9, 2025
- Tucker Law
- Premises Accidents
Were you or a loved one the victim of a slip and fall accident? Was there a “Wet Floor” sign posted where you fell? Or was there no warning at all before you encountered a dangerous condition? Even if there was a sign, you may be able to prove that the person in charge of the property did not do everything possible to prevent an accident, and you may still be able to prevail in a personal injury lawsuit.
If you are unsure about whether you can sue if there was a “Wet Floor” sign, or if you have any questions, you can speak to the slip and fall attorneys at Tucker Lawyers.
Contact our team by calling us at (516) 399-2364.
Is a “Wet Floor” Sign Enough?
Understanding the Responsibilities Premises Owners Have
One of the first things our slip and fall lawyers always ensure that our clients understand is that a property owner or manager has a responsibility toward visitors and guests. They must provide reasonably safe premises so that no one suffers a preventable injury.
When they find something dangerous, owners are responsible for taking care of the problem as soon as possible. This is known as the duty of care, and failure to uphold it may be considered negligent conduct.
Owners cannot be in all places at once, but owners are also responsible for the actions and negligence of their employees. Maintenance and regular training are important parts of the responsibility of business owners. If you can prove that a business owner breached that duty of care, you may be able to get compensation for any injuries that resulted.
Some of the most common types of premises liability accidents are those involving slips and falls. They can occur for a variety of reasons, with damaged or wet floors being prominent causes.
When carpet becomes frayed and torn, it becomes a tripping hazard. The floor may be wet because of a leak, a spill, or because of routine cleaning. By placing a warning sign, the owner/manager is admitting that there is a hazard. The sign is simply a way to give notice so that visitors have more of a chance to avoid specific danger. But the sign alone may not be enough to totally protect the property owner from future liability.
Was the Sign Placed So It Would Be Easy to See?
Were the letters large and clear enough that you could easily read the sign? Was the sign located in a position where it would be obvious how to avoid the hazard? Or was the sign facing in one direction, giving no warning to people walking up from another direction?
The sign must be clear, easy to read, and obvious. Anyone approaching the sign must know immediately that there is potential danger ahead.
What Was the Timing of the “Wet Floor” Sign Placement?
Did the manager wait until you fell to put up a sign? Was the sign placed there for longer than it should have taken to deal with the potential hazard? Owners cannot legally rely on a sign and ignore the responsibility to take care of the problem as fast as reasonably possible.
Is the Hazard in a Place Where Customers May Not Notice It?
Even if the sign is placed prominently on the floor, owners need to think about the location. Is there a popular item directly ahead of the spill? Is there another distraction that may keep customers from noticing the problem? If so, the owner may need to have an employee stand close by and warn customers about the hazard.
At Tucker Lawyers, we’ve helped clients recover millions in settlements and jury awards.
Can You Sue for Absence of a “Wet Floor” Sign?
It may seem that any owner who does not warn customers about a wet floor must be negligent. However, this depends on several factors, such as the timing of the accident and how long the spill was there before the owner took action. If you want to know whether you can sue for lack of a wet floor sign, consider the questions the jury will likely ask:
- When did the spill happen? How long was the spill there before the owner tried to put up a sign? The owner may try to argue that a customer caused the spill, so the owner did not know about the issue until someone was already injured. However, the owner is responsible for keeping watch over the premises and making sure that if there is a spill, someone takes care of it as soon as reasonably possible.
- How long did it take between learning about the spill and putting up the sign? If the owner can prove that the sign was placed immediately after the spill, the jury may find that the owner was not negligent and your injuries were simply the result of an unfortunate accident.
Because of the complexity of these cases, it’s important to hire lawyers with the experience needed to gather the right evidence and demonstrate that you deserve compensation.
Trust Experienced Slip and Fall Lawyers
How Our Team Can Make a Difference
Most of the time, you have a right to sue whether or not there was a sign. By filing a lawsuit, you are simply making business owners accountable for their actions and inactions. New York law requires all property owners to take reasonable steps to keep all visitors safe, including customers, other vendors, and repairmen. Without the duty of care, it would be dangerous to conduct business in a shop.
Your situation is not the same as anyone else’s. Personal injury attorneys in Queens understand the need to evaluate every claim based on its unique circumstances. The real question is: “What would a reasonable person do?” At Tucker Lawyers, we can help you answer this question and fight for your rights. With our decades of experience, we understand what it takes to help our clients.
Contact us at (516) 399-2364 to schedule a free consultation with one of our experienced lawyers.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]