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Slip-and-fall accidents are among the leading causes of physical injuries. In fact, they are the leading cause of non-fatal injuries according to the National Safety Council (NSC). The NSC notes that falls account for 33 percent of all non-fatal injuries—three times the percentage of the next most common cause.

This is true even though many slip-and-fall accidents can be prevented. In many cases, all it takes is a simple sign. Slippery floors are to blame for numerous slip-and-fall accidents each year. Placing “Wet Floor” signs in front of slippery areas would likely prevent a significant portion of all fall-related injuries.

Florida Does Not Have a “Wet Floor” Sign Law

However, at present, Florida does not have a law requiring property owners to use “Wet Floor” signs. If the Florida Statutes said that all property owners had to have (and use) “Wet Floor” signs, these signs would be much more common and prevent many more injuries.

Property Owners Have a General Obligation to Warn of Slip-and-Fall Hazards

Fortunately, while Florida may not have a law that specifically requires the use of “Wet Floor” signs, property owners in Florida have other legal obligations that protect victims of slip-and-fall accidents. These obligations also apply to tenants—including both residential tenants and businesses that lease their premises.

For example, property owners and tenants in Florida have a general obligation to warn of slip-and-fall hazards in many cases. If a warning is not provided, individuals who slip and fall on unmarked hazards can pursue claims for financial compensation.

Let’s say you are out grocery shopping. It is Saturday morning, and the grocery store is crowded with other shoppers. Unbeknownst to you, one of these other shoppers has dropped a gallon of milk, causing it to spill all over the aisle. Since the store is crowded and the store’s managers have not placed a “Wet Floor” sign in front of the dangerous area, you don’t see the spill, and you slip and fall.

In this scenario, you may have a claim against the grocery store. There is no question that you got injured at the grocery store, and there is no question that the accident was not your fault. But was it the grocery store’s fault? The answer to this question depends on the circumstances involved.

While businesses like grocery stores have a general obligation to warn of slip-and-fall hazards, they can only warn of hazards of which they are aware. So, if the spill happened 10 seconds before you arrived, the grocery store may have a valid argument that it didn’t have time to protect you. But, on the other hand, if the spill were 10 minutes old, you would have a much stronger argument that the grocery store could—and should—have cleaned up the spill or at least placed a “Wet Floor” sign in the aisle.

Now, let’s say it had been 10 minutes, and the grocery store’s manager still didn’t know about the spill. Does the manager’s ignorance give the grocery store a defense? Not necessarily. Not only does Florida law hold businesses liable for slip-and-fall hazards of which they are aware, and it holds them responsible for hazards of which they should have been aware.

Different Standards Apply In Different Circumstances

Businesses, government offices, homeowners, and other property owners and tenants can have different obligations in different circumstances. Florida law holds property owners and tenants to different standards based on certain factors. Consider the following:

• Why was the accident victim on the property? Was the victim patronizing a business, attending a gathering as an invited guest, or a trespasser?
• What was reasonable for the property owner to do in terms of identifying potential hazards? For example, did the accident happen at a grocery store where spills are likely, or did it happen in a clothing store where there is less risk of a slip-and-fall accident?
• Was the hazard obvious to customers, visitors, or guests? Or was the hazard obscured by heavy foot traffic or inadequate lighting?

These are just a few examples. Various other factors may come into play as well on a case-by-case basis. But one fact is clear: Even though Florida does not have a specific “Wet Floor” sign law, property owners and tenants can still be held liable for failing to warn of slip-and-fall hazards.

What Are Your Rights If There Was No “Wet Floor” Sign?

So, let’s recap. What are your rights if you slip and fall and there is no “Wet Floor” sign to warn you?

Ultimately, the answer depends on the specific circumstances involved. The timing of the spill, the obviousness of the spill, and the type of business or premises where you fell are all relevant factors. Determining your legal rights will require a thorough investigation, and you will need to hire a lawyer to help you obtain any available camera footage, photographs, witness statements, maintenance records, and other evidence that your lawyer can use to establish your premises liability claim.

What If You Slipped and Fell and There Was a “Wet Floor” Sign?

Finally, let’s address the opposite scenario: What if you slipped and fell even though the property owner or tenant had placed a “Wet Floor” sign in the area where you fell?

Even in this situation, you could still have a claim for compensation. As with the other scenarios discussed above, your legal rights depend on the specific facts involved. Was the sign visible from your particular location? Did the sign serve as an adequate warning, given the size and severity of the hazard? Had the sign tipped over? These are just a few examples of numerous questions your personal injury lawyer will need to examine to determine your legal rights.

Find Out if You Have a Slip-and-Fall Accident Claim in Florida

Did you slip and fall on someone else’s property in Florida? If so, we encourage you to contact Spivey Law Firm, Personal Injury Attorneys, P.A. promptly for a free consultation. To speak with personal injury attorney Randall L. Spivey in confidence, call 888-477-4839 or contact us online at SpiveyLaw.com now.