If you believe you have a slip and fall claim, one of the questions on your mind might be, “If there was a warning sign by the area, can I still sue?” The answer is yes, you can, but certain factors can be difficult to prove and you may have a hard time getting damages for your injuries.

What Certain Signs Could Mean

blog-wetfloorDo Not Enter: Ignoring this warning may indicate you were clearly intending to trespass on a property. However, building owners still owe a small duty of safety to trespassers and are required to ensure conditions don’t result in an injury.

Caution or Wet Floor: Often, if this sign is set up, it’s an indication the property owner was already aware of the conditions and was making an attempt to warn others. However, the sign’s lack of visibility could be why you didn’t see it and proceeded to walk over a wet floor.

Proving Negligence

In any slip and fall claim, a property owner must have failed to act in a reasonable manner to protect others from injury. As a result, your claim needs to show, in relation to the sign being there:

  • Did the condition exist long enough that it could have been fixed or eliminated?
  • Did the owner or an employee routinely check the property for hazards?
  • Was there a log of all procedures performed?
  • Aside from adding the sign, could the condition have been made less hazardous?
  • Did the area have poor lighting or a lack of visibility?

At the same time, your behavior will be examined further. As to why you ignored the sign, you may be asked:

  • Whether you were texting or talking on the phone.
  • If you ignored other warning signs.

In this case, the defendant will attempt to prove that a reasonable, alert person would have recognized and responded to the warning sign.

Along with all of the factors above, another important part of proving your case is getting photos of the area. They should show where the sign was placed, what happened to you as a result of the fall and the conditions that prevented you from seeing the sign.

Have you found yourself in this situation? If you slipped, tripped or fell on someone’s property, the owner needs to be held accountable. Bring your claim to the attention of Trantolo & Trantolo’s lawyers by contacting any of our Connecticut locations today.