Does a Posted Caution Sign Protect a Business in a Slip and Fall Case?
If you have slipped and fallen as a result of a property owner or manager’s negligence, obtaining the compensation to which you are entitled is essential to your ability to fully heal. Slip and falls are far more common than you probably realize, and they are often predicated on property owner negligence. If you slipped and fell where a caution sign was posted, you may believe you’re responsible for your own injuries, but this is not necessarily the case, and you need an experienced Tampa slip and fall attorney on your side.
If you have been injured in a slip and fall accident that was caused by property owner negligence, your claim will hinge on the complicated details that are involved, but there are some basic scenarios that tend to apply.
If the property owner or manager caused the floor to be wet or slippery – such as if he or she had the floors mopped – a warning sign is required, but this is not the end of the story. The warning sign must be visible to guests like you and must alert you to the fact that you need to proceed with caution. If the warning sign is an afterthought that is shoved up against the wall (or is otherwise not front and center), it is unlikely to suffice in the eyes of the law.
Failure to Take Care of Business
If the slippery spot that leaves you injured was caused by something else, such as by moisture that was tracked in or by a leak, and the property owner or manager knew about it, plopping down a warning sign and taking no reasonable steps to help mitigate the danger is unlikely to prevent liability.
If the slippery spot that caused you to be injured was unknown to the property owner or manager but reasonably should have been – for example, it is reasonable to expect moisture to be tracked in after heavy rain – the court will take this fact into careful consideration. This is often referred to as constructive knowledge under the law and relates to slip and falls from transitory foreign substances.
Even if the property owner or manager used appropriate caution signs in relation to the slip and fall accident that left you injured, it may not be enough to absolve him or her of liability. Those yellow caution triangles do not provide property owners carte blanche to ignore dangerous slipping hazards with impunity.
Your Slip and Fall Claim
Ultimately, the court will consider all of the circumstances involved in your case and will base its decisions on the big picture. For example, if you slipped on a puddle that had what might be considered appropriate warning signs posted, the court will also consider the fact that the puddle was quite dirty and had probably been sitting there for some time. Ultimately, the property owner or manager is responsible for clearing away such dangers in a reasonable manner. Further, if the danger that caused you to slip and fall was inherently dangerous and should have been taken care of to begin with, a warning sign is not going to cut it.
An Experienced Tampa Slip and Fall Attorney Can Help
If a property owner’s negligence leaves you injured in a slip and fall accident, the Tampa slip and fall attorneys at Tragos, Sartes & Tragos https://www.tragoslaw.com/our-attorneys/ have the experience, drive, and legal insight to help. To learn more, please don’t hesitate to contact us online or call us at 813-223-6405 today.