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A DC slip and fall on a wet floor can cause severe injuries that adversely affect your quality of life. There are countless ways a floor can become wet and injure you. However, just because you are injured on a wet floor does not necessarily mean you have a claim against the owner. Below, we discuss the most common causes of wet floor slip and falls and analyze whether we can prove liability. However, regardless of our analysis of each general example, it is always best to consult with an attorney. The DC slip and fall lawyers at Gelb & Gelb offer free case evaluations to all prospective clients. Moreover, every case is different. So, just because our analysis of a general example points in one direction does not mean it will be so for your case.
A DC slip and fall case falls into the category of premises liability. We see countless types of defendants for slip and fall cases related to wet floors. These defendants may include:
With each class of defendants arises a different challenge for your case. For example, if a government entity is responsible for a wet floor, we must take additional steps to preserve your claim, as we do against a retailer or business operator. We will also cover the unique challenges you face in a slip and fall due to a slippery surface that you may not face in other slip and fall cases.
As always, please call our office for a free consultation to learn how best to maximize compensation in your case.
Here, we cover five most common causes of DC slip and falls on a wet floor.
A fall due to cleaning fluid on the floor is the most common cause of a slip and fall due to a wet floor. When one pictures a legal slip and fall case, we often think of the classic yellow warning sign. That sign does absolve a defendant of liability. However, it must be positioned appropriately. So, let’s say you walk into a bathroom mopped by cleaning staff. While there is a warning sign around the corner, you never have the chance to see the sign before you slip, fall, and injure yourself. In this scenario, there likely would be liability. Although, if it is rather obvious that the floor is wet and presents a danger, then you may not be able to recover.
Ultimately, whether it is obvious is a jury question. Moreover, it is an affirmative defense. This means the defense must prove that the floor was obviously dangerous and thus had no duty to warn.
A big reason cleaning fluid on the floor makes for a good slip-and-fall case is that one of the elements of negligence is already satisfied. This element is a legal duty. While a defendant has an obligation to scan for hazardous conditions on a reasonable basis, they are not automatically liable for each hazard. However, it is clear that they are on notice of the wet floor if their employees cause it.
If there is a leak in the plumbing, it should be discovered relatively quickly. As soon as it is found, the defendant is on notice of the hazardous condition and liable for injuries. As with cleaning fluid, the owner of the premises has a reasonable time to inspect for and cure or warn of the hazardous condition. What is considered reasonable is up to a jury. However, it often depends on where it is. For example, if there is a plumbing leak in the lobby of a hotel, the hotel should find and cure the condition almost immediately, at least with a warning sign. On the other hand, if a plumbing leak in a stairwell is seldom used, the hotel may be afforded slightly more time to discover the leak.
A spilled drink is most often found in a grocery store or restaurant. Unlike the prior two examples, a spilled drink is generally due to no fault of the defendant. However, that does not mean they are not liable for your injury. While a spilled drink is almost always due to the negligence of another customer, our DC slip and fall lawyers nonetheless prefer to make a claim against the establishment. The reason is that they can afford to pay a judgment or settle. They do this through their insurance company. Meanwhile, the average citizen cannot afford to pay a judgment against them, making it not worth your time to sue that person civilly.
This is most common in a grocery store. For example, if a jug of milk is leaking, the milk can easily leak onto the floor, creating a danger to shoppers. Moreover, the white milk may blend in with the floor, defeating a common defense that the danger is not open and obvious. Below is a list of merchandise that can leak and cause a dangerous condition.
Our DC personal injury lawyers have decades of experience handling these examples and many more. If you are a victim of one of these hazards, contact our office immediately.
This is a case that also arises frequently. At the bottom of an industrial freezer, it is common for coolant to leak out. And in a busy kitchen or supplies room, there are often not as many inspections as there need to be. This leads to brutal injuries. The bit to note about a slip and fall due to freezer cooling fluid may be a worker’s compensation claim, not a personal injury claim. This ultimately depends on who your claim is against. If your claim is against your employer, it should be a worker’s compensation claim. However, if it is against anyone other than your employer, it is a personal injury claim. In either event, we can help you obtain justice and recover the compensation you deserve.
Our injury attorneys have handled DC slip and falls on a wet floor for over 70 years. We understand how to evaluate a claim for viability, determine its value, encourage you to take the appropriate steps to maximize your recovery and negotiate a fair settlement. Call our office today for a free consultation at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.