Recovering Damages for Injuries From Slipping on a Wet Floor

 Posted on May 05, 2021 in Personal Injury

In restaurants, malls, stores, and other places of business, wet and slippery floors happen from time to time. Some are caused by spills, leaks, or moisture tracked in from outside, while others are the result of cleaning or floor treatments. In most cases, these conditions are resolved without incident, but sometimes an employee, customer, or visitor slips and falls, suffering serious injuries in the process. If you have been injured after slipping on a wet floor, it is important to understand whether the business owner may be liable.

What Protections Are Provided Under Illinois Premises Liability Law?

According to the Illinois Premises Liability Act, business and property owners owe a duty of “reasonable care under the circumstances” to lawful visitors to their place of business. In general, this means that they are responsible for keeping the premises reasonably safe, and that they may be held liable for injuries resulting from a breach in their duty of care. However, the specific details of what this duty of care includes are often left to the court’s interpretation, making it vitally important that injury victims are represented by an experienced attorney who can help them make a strong case.

Common Questions in Premises Liability Cases

In a premises liability case involving a wet or slippery floor, the court may seek to establish answers to some or all of the following questions in order to determine whether the property owner owes an injury victim compensation:

• Was the property owner aware of the conditions? Establishing negligence may be more difficult for a fall that happened immediately after a spill or leak than a fall that happened after the dangerous conditions had existed for some time with the owner’s knowledge.
• Did the property owner actively contribute to the conditions? In other words, were the floors wet because of the intentional or negligent actions of the owner, or the actions of another visitor or a force of nature, for example?
• Did the property owner adequately warn visitors of the conditions? In the case of a wet floor, clear signage or barricades blocking off the unsafe area can protect a property owner from liability.
• Were the conditions obvious to visitors? Even if the owner did not provide clear warning, it can be challenging to recover damages when there is evidence that the wet floor conditions should have been detectable and avoidable by anyone on the property.
• Did the fall injuries occur while a visitor was appropriately using the property? If the injuries occurred in an area where visitors are regularly permitted to be, and the victim was acting reasonably at the time, they may have a better chance of compensation.

Contact a Lombard, IL Personal Injury Attorney

At Mevorah & Giglio Law Offices, our attorneys have experience with a wide variety of personal injury cases, including those involving slip and fall accidents on another person’s property. We will thoroughly review your case and help you gather and present any relevant evidence that can support your claim for fair compensation. Contact a DuPage County personal injury lawyer at 630-932-9100 for a free consultation today.