Slips and falls can occur anywhere, from the workplace to busy retail hubs, like the Mall at UTC and St. Armands Circle, and at high-traffic events, such as the Manatee County Fair. In fact, according to the National Floor Safety Institute (NFSI), these accidents account for over 1 million emergency room visits each year – and the resulting injuries are wide-ranging, from cuts and scrapes to broken bones and traumatic brain injuries (TBIs).
Throughout everyday life, you likely come across signage – or a lack thereof – regularly while out and about. Not only are signs crucial in preventing slip and fall accidents, alerting potential victims of hazards in their path, but also be a factor in determining liability if an incident occurs. Here’s everything you need to know about signage, when it comes to slip and fall cases we handle at Gallagher & Hagopian.
Property Owners Have a Legal Duty to Warn You
Businesses owe a duty of care to their customers under Florida law, meaning they are responsible for maintaining a safe premises, addressing or repairing dangerous conditions – like uneven floors or debris – inspecting their property regularly, and warning visitors of hazards.
With signage, its primary purpose is to draw attention to obstacles that may not be immediately obvious. An effective warning sign is clearly visible and readable, using bright colors, large fonts and symbols that are simple to understand and easy to notice in crowded or dimly lit areas.
Florida Doesn’t Have a Wet Floor Sign Law
Wet floors are the most common cause of slip and fall accidents not only in Florida but nationwide. However, the Sunshine State, like the rest of the U.S., doesn’t have a specific law regarding the use of wet floor signs.
While premises liability laws don’t state that a business needs to break out the yellow popups you’ve seen in the aisles of grocery stores and other retail spaces, you may see property owners use caution tape or cones to block off a hazardous area. Wet floor sign laws may be a “myth,” but that doesn’t change the reality that businesses are required to swiftly warn of unsafe conditions and promptly make repairs.
Even if Signs Are Present, You May Have a Case
While a sign may be present, there are a number of scenarios in which an accident victim may still have a claim. For example, the property is large and only one sign is present, the sign is hidden or far away from the location of the hazard, the sign is placed too high or low to be noticeable, the sign is blocked by a display, or the sign’s font may be hard to read. They are meant to be temporary and don’t entirely absolve a business from negligence, especially if that party created the hazard or didn’t immediately work to rectify it.
If you slip and fall, your level of awareness matters in your fight for fair compensation. For example, the defendant may try and make the case that you were sufficiently warned of the hazard before the accident occurred. You may also be awarded damages under our state’s comparative negligence law, which allow victims to recover compensation at a reduced amount based on the percentage of their own fault – and only if they are less than 51% at fault for their injuries. For instance, if you receive a $50,000 verdict, yet you are 25% at fault, you will receive $37,500.
Signage or No Signage, Always Consult With an Attorney
Just because a sign is present doesn’t mean you don’t have a case, and it’s important to consult with an experienced local attorney who has the ability to navigate our complex legal system. After an accident, you shouldn’t have to worry about your case – just focus on healing. Contact our law firm, which has decades of expertise fighting for the rights of victims and recovering fair compensation for their injuries.