If you’re found to be partially at fault, whether or not you can recover any damages depends on the shared fault rule that your state follows. There are 3 types of shared fault rules:

Commercial establishments have a duty to warn customers about wet or otherwise slippery floors. In most cases, establishments accomplish this by putting up an A-frame “wet floor” sign. But putting up a sign doesn’t necessarily mean a customer can’t still sue the establishment if they slip and fall.

At trial, the store proves that all of its employees were toward the back of the store when Jennifer dropped the water bottle. The store also proves that a designated employee walks the store every 30 minutes to inspect the store and fix any problems.

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A wet floor sign doesn’t automatically absolve a commercial establishment of liability. If you slip and fall even though there’s a sign, you might still be able to recover damages if you can prove that:

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In the above example, Albert’s lawsuit would probably be successful because the grocery store failed to exercise reasonable care to inspect and keep the premises safe.

Unbeknownst to Larry, the cap of the bottle loosened when it hit the floor and some of the honey seeped out onto the floor.

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Slip and fall cases are much easier to win if you can prove that the establishment was aware of the wet floor. One way to prove this is to show that the establishment caused the floor to be wet. For example, if a grocery store employee mopped an aisle, it’s obvious that the establishment was aware of the wet floor.

Jennifer carries a water bottle into a pet food store and accidentally drops the bottle in the front of the store. When the water bottle hits the ground, a little bit of water spills out. Jennifer quickly picks up the water bottle and continues into the store.

Twenty minutes later, Barbara pushes her cart into the same checkout line and slips on the shampoo. Barbara fractures her hip as a result of the fall.

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Larry is shopping at a grocery store. He pulls a bottle of honey from the shelf and accidentally drops it. Larry puts the bottle back on the shelf and continues shopping.

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Jane is in the checkout line at a retail store. While the cashier is scanning her items and the bagger is bagging her items, Jane pulls a bottle of shampoo from the display in front of the checkout counter and accidentally drops it. The cap comes loose and the bright green shampoo spills out onto the floor.

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There are a few steps you should take immediately after a slip and fall accident regardless of whether or not a “wet floor” sign was present:

Understandably, commercial establishments aren’t expected to be aware of a wet floor the second the floor becomes wet. If the commercial establishment wasn’t aware of the wet floor when you slipped and fell, you’ll need to prove that the establishment should have been aware of the wet floor. You can prove this by establishing that:

Later that morning, Albert walks down the same aisle and slips on the honey. He breaks his arm and sues the grocery store.

At trial, Larry proves that the grocery store didn’t have any inspection or cleaning procedures in place. For example, no employees were tasked with periodically walking the floor and fixing any problems. What’s more, security footage revealed that the spilled honey was present in the aisle for 2 hours before Albert slipped.

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In the above example, Barbara would probably be successful if she sued the retail store because there were 2 employees in the immediate area (the cashier and bagger) and they should have seen the bright green substance, even if Jane didn’t tell them about the spill.

Most commercial establishments warn customers about wet floors by putting up “wet floor” signs, but you might be surprised to learn that the law doesn’t require commercial establishments to put up signs. Commercial establishments can warn customers about wet floors in a host of ways, including putting up orange cones, taping off the area, or having an employee stand in front of the wet section.

Copyright © 2024 Enjuris.com. All rights reserved. The accuracy, completeness, or currency of information on this site is not guaranteed. The information provided is not legal advice, does not constitute a lawyer referral service, and no attorney-client relationship is or will be formed by use of this site. For state-specific information, particularly regarding attorney advertising, refer to the Terms of Use. Your use of this website constitutes acceptance of the Terms of Use and Privacy Policy.

Jim walks into the store 30 seconds after Jennifer and slips on the spilled water. He breaks his wrist and sues the pet food store.

Premises liability laws require commercial establishments (such as grocery stores, restaurants, and sports stadiums) to protect customers by warning them about dangerous conditions on their property.