Can You Sue If There Is a “Wet Floor” Sign?

Local businesses see a lot of foot traffic, and they need to take necessary steps to protect patrons who visit their businesses. That is why most business owners are very aware of local laws related to slip-and-fall accidents. One of the ways that businesses try to absolve themselves of liability following a slip and fall accident is by deploying a “wet floor” sign.

The idea is that, as long as there is a wet floor sign present, patrons should know that the floor is slippery and should take extra precautions.

So, can you sue if there is a wet floor sign? Learn more about how wet floor signs may impact a slip-and-fall accident.

What Happens If You Slip on a Wet Floor?

If you slip and fall on a wet floor, it might seem minor. There are plenty of situations where people will get up without suffering any injuries; however, some people could suffer significant trauma. For example, you could be diagnosed with a traumatic brain injury (TBI), a spinal cord injury (SCI), or a broken bone that could result in emergency surgery and years of rehabilitation.

If you do fall in a store or restaurant, they will typically send an employee out to try to help you and, possibly, to create a formal incident report. They’ll ask if you need an ambulance (and may call for one anyway). They will ask you what happened, and they’ll start recording everything, including names of the employees on duty and the condition of the area where you fell.

Keep in mind that you do not need to answer any questions, but you should get checked out by a doctor. You need to go to an ER or Urgent Care to make sure you do not have any injuries that have been overlooked, as the adrenaline going through your body could mask numerous symptoms.

Then, after you see a doctor, you should reach out to our premises liability lawyers to make sure your rights are protected.

What Is a Slip and Fall Lawsuit, and When Should You File One?

When you speak with your attorney, remember that all conversations will be confidential. The goal is for you to tell your side of the story. Then, the attorney will help you decide if there is a case worth pursuing. Your slip-and-fall lawyer will also talk to you about what the process is like, the compensation you might receive, and anything else you have to do to put your case in a position to be successful.

Before deciding to file a claim, there are several elements that your attorney will discuss. They include:

• Where you fell
• Who was responsible for taking care of that area
• Whether there was a hidden danger that was not obvious to you
• How you fell and your injuries that were the direct result of that fall.

If all of these factors are present, you may be able to file a slip-and-fall lawsuit. You might not even have to go to court at all, as your case could be settled out of court.

What Compensation Might You Receive in a Slip and Fall Case?

According to the Texas Civil Practice & Remedies Code, there are several types of compensation available in a slip-and-fall case.

Some of the damages you might receive include:

• Economic Damages: These damages will compensate you for expenses you might incur related to the injury or loss from missing work because of the injury.
• Non-Economic Damages: These damages will compensate you for the pain and suffering you experienced because of the slip and fall.
• Exemplary Damages: In Texas, the law refers to punitive damages as exemplary damages. If the person responsible for the injury you suffered was grossly negligent or intentionally caused your injury, you could receive exemplary damages.

All of these factors will play a role in how much compensation you might receive.

How Much Compensation Will You Receive for a Slip and Fall Accident?

The goal of compensation following a slip and fall accident is to make you whole again. Therefore, your settlement should help you cover all possible expenses you may have incurred as a result of the accident. Some of the factors that will dictate the amount of your compensation package include:

• The extent of your injuries
• The amount of time you miss at work
• How your injuries and lost wages affect your mental health (pain and suffering)
• Whether the person responsible was grossly negligent or possibly intended for you to fall.

In addition, if the business has an insurance policy to cover your injuries, there is a chance that we may be discussing your case with an insurance company instead of an individual. Furthermore, you might be curious about how wet floor signs affect slip and fall cases.

Are Wet Floor Signs Required By Law?

The law requires that some signage be displayed to warn patrons about dangers. A wet floor qualifies as a danger, so the business must have some sort of marking letting you know if the floor was wet. If there was a wet floor sign displayed, you may not be able to recover as much compensation, but if the business did not exercise appropriate care to clean up the spill or warn patrons of the damage, you could still be deserving of compensation.

That is where comparative negligence comes into play. Texas is a modified comparative negligence state. This means that the court will observe the behavior of both parties in determining who is at fault. In general, this would mean that if you were deemed 30% at fault for your accident, you could only receive 70% of the recovery.

However, in Texas, there is a bar on recovery under its comparative negligence rule. The bar is 51%. So then, if you were 51% (or more) responsible for your injuries, you could not be compensated at all for your injuries.

If there was a warning sign on the premises telling you that the floor was wet, but you walked on it anyway and fell, then that may diminish your chances for recovery. A court might believe that you were at fault for your injuries. However, the person responsible for placing the sign might also be at fault. They may have placed the sign behind a huge stack of canned goods, where it was difficult to see. They might have failed to pick it up when a customer knocked it over, so that you never saw the sign at all.

It may be possible for you to recover compensation for injuries in a slip-and-fall case even if there was a wet floor sign nearby. However, there are also situations where the warnings suffice and the danger was open and obvious, meaning you might not be able to recover compensation.

Contact Terry Bryant Accident & Injury Law To Review Your Slip and Fall Accident Claim

If you have been injured in a slip and fall accident and need help with your medical bills, contact us today to review your case. You need an experienced slip-and-fall lawyer in your corner, and we can represent your rights and protect your interests.

Call Terry Bryant Accident & Injury Law now at (713) 973-8888 or toll-free 1 (800) 444-5000 to get the legal help you need.