Everyone has seen “wet floor” signage – such as foldable signs that stand upright on the floor or orange warning cones – that businesses put up temporarily to warn customers of slip hazards. A victim of a slip and fall accident in a store, restaurant, movie theater or other business might assume that the presence of one of these warning signs is sufficient to insulate the owner of the premises from liability for their accident.
However, the presence of a wet floor sign doesn’t automatically mean the property owner isn’t responsible for someone falling. The sign alone doesn’t settle the question of who is liable. Georgia courts have found that the placement of a wet floor sign or orange cone alone does not necessarily exhaust a property owner’s obligations toward the public. In fact, it may potentially form the basis of a premises liability claim if the placing of the sign itself creates a hazard.
Georgia Court Rules That a Wet Floor Sign Can Be a Trip Hazard
In one case, Georgia’s highest court held that a jury may find that a yellow foldable wet floor sign itself may cause a trip and fall accident for which a property owner may be liable under premises liability law. In the case of American Multi-Cinema, Inc. et al. v. Brown et al., the Georgia Supreme Court ruled that a jury could find that setting up an A-frame “Wet Floor” sign over a small spill 10 to 20 paces outside the auditorium of a movie theater did not preclude a finding of liability. The personal injury victim in Brown tripped over the sign that had collapsed and suffered serious injury.
The court reasoned that it was predictable that the sign might be kicked over when a massive flow of pedestrians came filing out of the auditorium, and that it was also reasonable for a jury to conclude that the trip and fall victim might not see the warning sign when coming out of the auditorium. The court rejected the cinema’s defense that it did not have knowledge of the hazard and that the use of a warning sign and following its own procedures for warning customers insulated a business owner from liability for a trip and fall or slip and fall.
The use of expert testimony regarding the appropriateness of steps taken to warn the public or make the conditions safe can play an important role in determining liability. The parents of the injured victim offered expert testimony that the type of “Wet Floor” sign the victim tripped over collapses easily when it comes into contact with pedestrian traffic and that it is standard knowledge in the retail industry that this type of sign tends to collapse. The expert also testified that when these signs collapse they become a hazard that can result in trip and fall accidents, which makes them inappropriate for use when there will be a large flow of pedestrian traffic. The expert suggested that a sturdier sign could have been employed or the spill could have been mopped up, thereby eliminating the need for a warning sign.
The court in Brown articulated the elements that must be established in a trip and fall or slip and fall case as follows:
The defendant had actual or constructive knowledge of the hazard; and
The plaintiff, despite exercising ordinary care for his or her own personal safety, lacked knowledge of the hazard due to the defendant’s actions or to conditions under the defendant’s control.
Under Georgia case law, slip and fall cases and trip and fall cases are very fact specific and should be evaluated by an experienced and competent Georgia lawyer. Our slip and fall attorneys carefully evaluate the hazard that can cause a serious or even fatal fall and the measures taken by the property owner to warn patrons or make the condition safe. It is important to keep in mind that a business owner has an obligation to take reasonable precautions, and the mere posting of a “wet floor” sign may not be sufficient.
If one of our clients is injured in a fall accident, our attorneys conduct a careful investigation that includes examining the measures taken to make the condition safe or to warn of the hazard. Factors that may be relevant in evaluating remedial measures to warn of a tripping hazard may include, but are not limited to the following:
- Level of foot traffic
- Lighting in the area of the hazard
- Stability and visibility of any sign or barrier
- Location of the sign in relation to the hazard
- Size of the area covered by the hazard
- Duration of time that hazard has been present
- The opportunity the had business to take more effective measures to warn or make the hazard safe
Traveling in Georgia? What You Need to Know About Slip and Fall Liability
When you’re traveling for business or recreation, you may be unfamiliar with Georgia’s airports, malls, office buildings or other locations you pass through. You may be momentarily distracted and so do not see a warning sign that has fallen over, or a floor mat that is torn or buckled due to overuse. However, it is the responsibility of the property owner to ensure that hazards are clearly identified and addressed to prevent injuries to the public.
If you fall while traveling in Georgia, take these steps:
Take your time: Whether you are on your way to catch a flight or get to an important meeting, if you slip and fall, don’t feel obligated to immediately get up and get back to your journey. Take a few minutes to assess your physical condition and the situation that caused you to fall. Is the floor wet? Are there any trip hazards, such as an electrical cord or uneven flooring, that might be a factor in your fall?
Get witness information: Try to collect names and contact information from anyone who might have witnessed your fall or the presence of the hazard. These accounts can be valuable.
Report the hazard: Tell a staff member, manager, or security personnel about the hazard, so that it can be cleared up before others are injured.
Don’t admit fault: When discussing what happened, stick to the facts of what occurred. Avoid saying things like “It was my fault for not looking.”
Document the area: If you can, take pictures of the hazard, any warning signs (or lack thereof), and the surrounding area. Write down the exact time and location of the incident.
Seek medical help: When you are traveling, it may seem like an inconvenience to follow up after your fall. But fractures, concussions, spinal cord, and soft tissue injuries can all result from a fall, may not be immediately evident, and can be serious. We recommend that you visit a hospital or urgent care facility as soon as possible after a slip and fall, so that you can have your injuries seen to and have details of your injuries documented by professionals.
Slip and Fall Accidents on the Job: What Employees Need to Know
In Georgia, workers’ compensation is no-fault, meaning that an employee injured in a slip and fall doesn’t need to prove their employer was at fault, only the fact that they were injured in the course of their duties. It is the responsibility of the employee to report their injury to their employer as soon as possible. To make sure you are able to make a workers’ compensation claim, it’s important that you understand the facts about workers comp cases in Georgia. Our experienced worker’s compensation attorneys can answer your questions about filing a claim.
Even if you are claiming workers’ compensation benefits from an injury on the job, there are still some circumstances where you might be able to pursue a claim against a third party if they were responsible for your injury. In these situations, it’s important to speak to an experienced personal injury attorney to find out if there is any basis for a negligence claim against another party.
If you or a loved one is injured in a slip and fall accident, Montlick’s experienced personal injury attorneys may be able to help. We have represented accident victims in Atlanta and throughout Georgia for over 40 years. We use our best efforts in investigating and pursuing our clients’ personal injury claims as part of our commitment to advocating for the interests of personal injury victims throughout the state of Georgia and nationwide.
No matter where you are located, our attorneys are just a phone call away, and we will even come to you. Contact us or call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED® or 1-800-529-6333.
