Warning and caution signs are such a frequent occurrence in life that it is easy to look right past them, but they play a vital role in keeping the public safe. That being said, a sign itself does not create a safe condition. Business and property owners are still responsible for creating a safe environment, not just warning of a dangerous one. Putting up a sign does not absolve business and property owners of all liability in a slip and fall case.
If you had a slip and fall accident under conditions in which a warning sign was posted, filing a claim might be more difficult than normal, but it’s not impossible. Your attorney and the insurance company would likely ask one or more of the following questions:
- Did an employee/business owner/property owner create the hazardous situation? For example: While mopping aisle 12 in a busy grocery store, the employee accidentally knocks over the mop bucket, creating a pool of water on the floor.
- Did an employee/ business owner/ property owner see the hazardous situation and neglect to remedy it? For example: The employee noticed that they knocked over the mop bucket, but moves on to the next aisle without cleaning up or placing warning signs around the puddle.
- Did the situation persist for an unreasonable amount of time before it was attended to? For example: Aside from the culpable employee, many other store employees saw the pool of water on the floor of aisle 12, but two hours passed before anyone attended to cleaning it up.
- Were the warning signs inadequately or improperly posted? For example: A cashier heard about the pool of water in aisle of 12, so he set out a “CAUTION: WET FLOOR” sign near the store’s exit, which does not adequately warn the customers actually in aisle 12 of the hazardous condition.
If the answer to any of the above questions is yes, then a recovery may still be possible. As with any slip and fall, you’ll want to be sure to follow the proper procedure to make a claim:
- Take photos of the hazardous condition, any warning signs, injuries, clothing, etc.
- Report the incident to the property authority
- Take a note of any witnesses
- Seek medical attention for your injuries
- Hire an attorney such as the Brain Injury Lawyer Phoenix, AZ locals trust.
If you’ve been injured in a slip and fall and are not sure about your options, contact Kamper Estrada, LLP. Our experienced personal injury attorneys offer free consultations and over 40 years of experience.