Businesses must post a “wet floor” sign to protect its occupants and visitors against slip and fall injuries. In pursuing your rights to obtain proper compensation for medical bills, pain, and suffering, and/or loss of income, partner with a lawyer that is experienced in premise liability cases. These types of injuries are very common in the U.S., and the statistics are steadily climbing. According to the National Floor Safety Institute, falls are the number one leading cause of accidental injury in the US; and 60% of those falls are on a level surface.
If you or a loved one have been injured on the property of another due to their negligence or failure to warn of a hidden wet floor danger, it is important to meet with a California personal injury attorney as soon as possible. Call 800-235-6801 for a free consultation and see what compensation you are entitled.
Understanding Premise Liability Laws in California
Premises liability laws state that the property owner is responsible for certain injuries that are suffered by persons who are present on the premises. The property owner is held directly responsible if it can be shown that a relatively safe environment was not maintained which resulted in an accident or injury to occur on the property.
Slip and fall accidents can happen on a public or private property.
After a slip and fall injury occurs in the absence of a wet floor it is crucial to do four things;
- Take photos of the wet surface
- Get contact details of any witnesses
- Seek medical attention
- Notify the property owner or management of the incident
- Seek a qualified personal injury lawyer
The statutes of limitation (or the time frame to sue for compensation) will vary depending on who the liability party is.
Slip and Falls No Wet Floor Sign Incidents
Slip and fall accidents can occur for multiple reasons in which a property owner neglected their duty to the public. Most lawsuits involve cases where no ‘wet floor’ sign is posted on a slippery surface, making the unmarked surface potentially dangerous. A qualified lawyer understands how the justice system determines who is the liable party and who is the negligent party in a slip and fall incident.
If a warning sign has been posted in the vicinity of the wet floor, the owner or the property’s management may not be held responsible if someone proceeds at their own risk. The posted warning of a possibly dangerous condition may be sufficient to remove liability from the owner and transfer it to the injured party – who proceeded despite indications of a possible risk to safety.
Proving Negligence in Premise Liability Cases
There are four essential components to proving negligence in personal injury lawsuits, and your lawyer must establish each element to successfully win your slip and fall no wet floor sign case:
- A duty of Care – property owners have a duty to provide reasonably safe premises, which may entail regular inspections, timely maintenance, and proper communications of unsafe conditions.
- Breach – when the owner/management fail to exercise a proper duty of care; such as when wet floor signs are not posted.
- Causation – When the duty of care responsibility is breached and can be legally proven as the cause of injury or accident.
- Damages – when the injured party suffers negative medical, financial, or quality of life consequences that can be satisfactorily remedied with a reward of monetary compensation.
Determining Negligence when a Wet Floor is Not Present
When determining negligence, the judge will take a number of factors into consideration to determine how the case applies to the duty of care, breach of duty, causation, and subsequent damage. The following factors will be considered before a determination of negligence is applied:
- Was the floor wet when the incident occurred?
- How slippery was the floor?
- What was the reason for the wet floor?
- Was the property owner negligent by leaving the floor wet?
- How long was the floor wet/slippery before you fell?
- Did the owner/representative have reasonable knowledge of the unsafe condition?
- Was a “wet floor” warning sign posted?
Contact a California Premise Liability Lawyer at Johnson Attorneys Group for a Free Case Evaluation Today
If you or a loved one suffer from an injury due to a slip and fall on a wet floor without the proper signage, it is advisable to determine the reason for the wet floor before you leave the scene of the accident. In order to successfully prove your case and seek compensation for your injuries, work with an experienced California personal injury lawyer. Johnson Attorneys Group does not charge any legal fees unless they successfully settle or win your case. Call 1-800-208-3538 for a complimentary case evaluation.