Can I Still Sue for a Slip and Fall If There Was a Wet Floor Sign?
Signs that read “Caution: Wet Floor” are a common sight at movie theaters, grocery stores, and other public places. They are designed to warn patrons of the risk of a slip and fall injury. Businesses do not inform their customers of these hazards entirely out of the goodness of their own heart, though. They also hope that warning patrons will absolve them of any civil liability.
Despite these efforts, merely posting a sign doesn’t automatically absolve anyone of responsibility after a fall. It could provide evidence that the plaintiff was on notice of the hazard. However, it does not guarantee that a jury will find that the property owner took every possible reasonable step.
If you have been injured, you could have a claim for compensation, even if there was a warning sign. To discuss your legal options, contact one of our New York City slip and fall lawyers right away.
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Filing suit despite a wet floor sign
First and foremost, you have the right to bring a civil lawsuit, even if there was a sign. While it is a relevant factor, the court will consider all of the facts. New York property owners and managers have a duty to ensure their premises are safe when they invite the public to enter. This is especially true for business owners. The law requires them to take reasonable steps to address hazards like wet floors. If they fail to do so promptly, they could be held liable for damages.
Factors to consider
Determining whether or not a wet floor sign might absolve businesses of liability depends on multiple factors. When reviewing these cases, an attorney should consider every aspect of the accident. For example, it is vitally important to know how soon after a spill, the sign was added.
The way the sign was used is also essential. Was it in a conspicuous, visible place? A sign that is several feet away or out of sight will do little to prevent injuries. The same is true if it is difficult to read.
The importance of reasonableness
Finally, both parties are bound by what a reasonable person might have done. The property owner must act responsibly and quickly to address any problems. If they do not, they could face liability. However, a person injured in a fall is also held to a similar standard. Compensation is only available if a reasonable person would not have noticed the sign and acted accordingly.
If a court determines that the business owner acted responsibly and that a reasonable person would have seen the sign, the court could reduce or eliminate any damage award.
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There is no simple answer on whether or not a wet floor sign could prevent you from recovering compensation in a fall. Each case is different, and this determination requires significant investigation. Contact Douglas and London right away to have experienced attorneys evaluate your claim.