Can You Sue for a Slip and Fall if a Warning Sign Was Posted?

The downtown Los Angeles area has millions of square feet of office building space alone. This means the possibility of someone slipping and falling somewhere other than in their home can be significant. If you slip and fall and become injured on someone else’s property, it’s important to know your rights.

The Law Offices of Jacob Emrani have the answers to your questions about whether you can sue if a slip and fall sign is posted, the role of these warning signs in legal cases, important legal considerations, and more. 

Understanding Premises Liability

Premises liability varies by state. In California, this law holds property owners responsible for any injuries that occur on their property due to unsafe conditions. It applies to all types of properties, including businesses (like offices, supermarkets, and hotels), public spaces, and private homes. 

California premises liability law includes the following:

• All property owners must maintain safe conditions for anyone who lives, works, or visits their property.
• Property owners must clearly warn others of any potential hazards on their property (such as a damaged walkway, wet floor, etc.).
• California property owners must remove hazards (if they can) as soon as possible. 
• This law covers injuries from slips and falls caused by trip hazards, wet floors, leaks, spills, or damaged sidewalks or walkways.
• Anyone, even trespassers, is protected by this law if they are hurt on someone else’s property.
• If someone is killed on someone else’s property, the deceased family member may file a claim.
• Possible damages that plaintiffs can collect include medical bills, lost wages, lost earning capacity, future medical costs, and property damage. 

Role of Warning Signs in Slip and Fall Cases

Warning signs help determine a property owner’s liability in a slip-and-fall case. The presence or absence of adequate warning signs significantly impacts whether a property owner took reasonable steps to prevent the accident and/or injury. While a warning sign that is clearly posted may protect property owners from liability, just having one posted somewhere on the property doesn’t automatically absolve them. 

Keep these points in mind regarding warning signs and their role in slip and fall cases:

• Evidence of due care: If a property owner has a visible, clear warning sign posted about a potential hazard, it can be used as evidence that they took reasonable steps to alert people of the risk. This can potentially reduce or even eliminate their liability in a slip-and-fall case.
• Signs are not always a defense: Although warning signs are important, they don’t always eliminate liability. If the hazard is considered “obvious” but the warning sign isn’t prominent (large and clear) enough, the court can still find that the property owner was negligent.
• Proper warning signs: Warning signs must clearly state the nature of the hazard and potential danger, be placed in a visible location where people will see it before encountering the hazard, and be sufficient to alert people of the potential risk.

Conditions for Holding Property Owners Liable

Can you sue if there is a wet floor sign posted on the property? The answer depends on a few conditions. Here are the conditions required by California to hold property owners liable in a slip-and-fall case:

• Plaintiffs must prove that the property owner was negligent and caused the injury.
• The plaintiff must prove that the owner caused or ignored the dangerous condition(s) that resulted in the accident.
• If the owner was aware of but did not warn people about potential dangers or did not regularly maintain or fix known hazards, they may be liable.
• A defective condition on the property, like a broken or faulty elevator or escalator, may substantiate liability. 
• The plaintiff must provide photographs, witness statements, maintenance records, prior complaints or reports about the hazard, proof of how long the hazard existed, and/or information about whether reasonable efforts were made to fix the hazard as evidence to prove liability. 
• If the injured person contributed to the accident due to their own carelessness (such as running on a wet floor on purpose), they may be partially at fault. 

Legal Considerations and Precedents

A plaintiff may argue that a property owner failed to take reasonable steps to prevent an accident, which strengthens their negligence case. However, if a warning sign is present, the property owner may argue that they adequately alerted people to the hazard, potentially reducing their liability.

If you’ve been injured in a slip and fall accident in Los Angeles or elsewhere in Southern California, we have your back. Even if you’re unsure, contact The Law Offices of Jacob Emrani. Ask us anything, the advice is free and you pay NOTHING until we win.

Here are some key legal considerations and precedents to remember before filing a slip-and-fall case: 

• Duty of care: Property owners have a legal duty to maintain their premises in a reasonably safe manner for customers, employees, and the general public. 
• Breach of duty: If the property owner neglected a hazardous condition, such as a wet floor or poor lighting, the court may determine they have failed to uphold their duty of care.
• Causation: The plaintiff must prove that the specific hazardous condition on the property directly caused their injuries.
• Damages: Plaintiffs must also demonstrate the extent of their injuries and any resulting losses associated with those injuries, like lost wages, pain and suffering, and/or medical expenses. 

Alternatives to Litigation

The most common alternative to litigation in these types of cases is a settlement out of court. The property owner may negotiate a settlement through their insurance company and pay it directly to the victim to avoid a lengthy hearing. Settlement is often achieved through mediation, where a neutral third party helps both sides reach a mutual resolution without going to court. 

Another alternative is arbitration, where a neutral arbiter hears evidence and then makes a binding decision on the case. 

Contact The Law Offices of Jacob Emrani Today

If you’re a victim of a slip and fall injury, don’t wait to file a claim. The experienced team at the Law Offices of Jacob Emrani specializes in a variety of personal injury cases to help you get the compensation you deserve. Call (888) 952-2952 or contact us online to set up your no-cost case evaluation today!