In some situations, you can still sue for damages after a fall in a store even if there was a wet floor sign prominently displayed in the area where you fell, but the caution sign will be taken into consideration. The defense will argue that you should not recover damages for your fall injuries because you were warned about the potential danger and walked on the wet floor anyway.
A Wet Floor Sign Is Not an Automatic Defense
You may still recover compensation for your fall injury if you can prove that the property owner failed to use reasonable care to prevent your fall. Even if a wet floor sign was displayed, you might still file a successful slip and fall claim if the defendant failed to use reasonable care. For example, you could have a case if:
- The sign was hidden, or there was inadequate lighting. If the property owner failed to use reasonable care to make sure that you could see the sign, you could have a case even though there was a sign.
- There was another defect that you were not warned about. You may have watched your footing because of the wet floors. However, if there was broken flooring or debris that caused you to trip, then you may have fallen for reasons other than the wet floor.
- There was no other way to go. If you had no alternative but to proceed over the wet floor, then the property owner may have been negligent by not roping off the area or providing you with an alternate route.
- The wet floor sign was the only action taken by the property owner for an extended period of time. Spills and wet floors happen. A wet floor sign may warn you of the immediate danger. However, if the property owner did not take additional steps to dry the floor or have you go another way, the wet floor sign may be an insufficient defense.
If you’ve been hurt in a slip and fall accident, then it is essential to talk to an experienced Kansas City slip and fall lawyer as soon as possible. Our lawyers will investigate every aspect of your case and advise you of your legal options. Call us today to schedule a free, no-obligation consultation about your rights.