Slip and Fall Accident: Was the Floor Slippery Enough?
When someone slips and falls, they might wonder if they have a case. If they slipped on a floor that was not properly marked as wet, they may have a case against the property owner or manager. However, there are important questions that must be answered to determine eligibility for compensation.
Was the Floor Slippery Enough?
The most important aspect of a slip and fall case is whether the owner was negligent. Someone slipping and falling does not necessarily mean there was wrong doing or an oversight by the owner or manager. Also, a slippery floor also does not immediately mean someone was negligent. Instead, to prove negligence, it must be proven that the owner knew or should have reasonably known the floor was unreasonably slippery.
Of course, “reasonable” can be subjective. To prove what was reasonable or unreasonable, additional questions must be answered.
Why Was the Floor Slippery?
To have a good shot at a positive outcome for a claim, there must be a good idea of why the floor was slippery to begin with. This can be as simple as identifying the substance that made is slippery such as:
- Other liquids
- Wax or polish for floors
- Foreign object such as fruit in a grocery store that is slippery
- Lubricants such as grease or oil
- Snow or ice
How Long Was the Floor Slippery?
For a case to be successful, it has to be proven that there was ample time to take action and that management should have known about the condition. For instance, a liquid on the ground for over half an hour is easy to prove that there was some level of negligence. However, if you slip only seconds after a spill, it is not necessarily reasonable to assume management or other employees should have been aware of the circumstances.
Was There a Warning Sign?
If management took the time to put a sign of the slippery condition, it’s less likely you will have a claim. This is because there are times when slippery conditions are not avoidable such as after a spill or when floors need to be cleaned or waxed. Additionally, whether you knew about the slippery condition will also play a role. If there was a warning either as a sign or verbally of the condition and you walked on the surface anyway, it is unlikely your claim will be successful.
In any personal injury accident, your legal representation is the biggest factor in success. Contact us at Jonathan Perkins Personal Injury Lawyers today to learn more about our services.