Slippery When Wet Sign Claim
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What is a "Slippery When Wet" Sign?
A “Slippery When Wet” sign is a sign that business owners or employees must put down to warn people that they can slip and fall on the floor when it is wet. A common slippery when wet sign is a plastic yellow one that is shaped like a tent and has an icon of man falling with red lettering warning people who pass by of the potential danger. Whenever a floor is wet, the business must post a sign. If there is no sign, the business is more likely to be liable if injury occurs.
What Kind of Claim is a “Slip and Fall”?
A slip and fall claim is filed under a charge of negligence. Negligence can occur when a business has prior knowledge of dangerous conditions, but doesn’t fix the condition that can harm its patrons and customers. There are certain elements that must be present in order to fulfill a negligence charge:
- Duty of care;
- Defendant breached the duty;
- The defendant’s breach resulted in negligence; and
- The plaintiff was injured by the defendant’s negligence.
In essence, there must be a legally established duty on the part of the defendant to have provided a certain standard of care to the plaintiff. The plaintiff must show that the defendant breached the duty of care, and that it led to the injury that occurred. Finally, the plaintiff must also show suffering and loss of quality of life or resources as a result of the breach.
Can I File a Claim if There Was a Slippery When Wet Sign?
A Slippery When Wet sign must be posted in a highly visible area close to the place where the wet area occurred. If the sign is not close enough to the wet area, or if the sign doesn’t properly alert a patron to the wet area, it is possible to win a slip and fall case even if a sign was posted.
When is the Business Not at Fault?
But there are certain instances in which a business is not responsible for a slip and fall case even there is a sign posted. It is key to keep in mind the length of time between when the floor was wet and when the sign was posted. If the floor became wet at 5 p.m., and the patron fell at 5:01 p.m., then there was not enough time for the business to reasonably be expected to post a sign.
Prior knowledge is also an important element in a slip and fall case. The business must have the knowledge and choose not to act on it in order to be held responsible for negligence. If both sides are in agreement, then it is possible to reach a slip and fall settlement rather than to go to court over the issue.
Do I Need a Lawyer?
If you have been injured in a slip and fall accident, you should speak to a personal injury lawyer right away. Your lawyer can help you figure out your best case, represent you in settlement negotiations, and fight on your behalf in court.
Consult a Lawyer - Present Your Case Now!
Last Modified: 10-14-2016 12:39 PM PDT
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