If you suffered an injury in a slip and fall on a wet floor when a warning sign was posted, it could be more difficult– though not impossible– to sue for compensation. The property owner or manager has specific responsibilities, and a wet floor sign may fulfill them, providing a defense to your claim. However, every situation is unique, so discuss your case with a Los Angeles personal injury attorney to determine whether you have grounds to file a lawsuit.
Legal basis of a slip and fall lawsuit
A slip and fall lawsuit, like many personal injury cases, is based on negligence. To prevail as an injured plaintiff, you must be able to show that the defendant was negligent.
Elements to prove in a slip and fall lawsuit
To show negligence in a slip and fall case, you must be able to prove:
Each of the above is mandatory. If you file a lawsuit but cannot offer evidence on all of them, your case will be dismissed. Speak with Los Angeles slip and fall lawyers about whether they are present in your case.
Defenses to a slip and fall lawsuit
If you prove each necessary element, the defendant may have arguments to avoid liability. Some of the more commonly used are:
Your lawyer will review your case for potential defenses. Based on experience, they will advise you about an anticipated defense and how to address it.
How a wet floor sign affects negligence
The purpose of the wet floor sign is to warn the public about the potential danger of a slick surface. When a property manager places the sign, it arguably fulfills the duty to notify. It also indicates that the property owner or manager was aware of the wet floor, eliminating the potential defense that the defendant had no reason to know of the danger.
However, if the sign did not serve its purpose, then the defendant may still be liable. For example, if the sign was not legible, was placed after the fall, is in the wrong location, or easy to overlook– then it did not adequately provide notice.
Contact us for a free consultation
Discuss your case with a Los Angeles slip and fall attorney at Salamati Law to find out whether you have the basis for filing a lawsuit. Call today for a free, confidential consultation.