All Laws Decoded

Slipped on a Wet Floor: When the Property Owner Is Liable

A property owner is not automatically responsible for every slip on a wet floor. Under state premises-liability law, the injured person usually must show that the owner created the wet condition, or knew or should have known about it long enough to clean it up or warn people. Courts look at how long the water was there, whether the owner had a leak or self-service display that made spills likely, whether there was a warning sign, and whether the hazard was obvious. Rules differ by state, so check the slip-and-fall page for your state.

What the law says

FAQ

Does a "wet floor" sign mean the owner is not liable?
Often it helps the owner. The Supreme Court of Texas has said that a landowner who gives an adequate warning ordinarily acts reasonably, and that there is generally no duty to warn of hazards that are open and obvious. It recognized two limited exceptions: dangers from foreseeable criminal activity, and cases where a visitor must use the dangerous area and cannot take precautions that adequately reduce the risk.
I slipped on rainwater tracked in near the entrance. Can the store be responsible?
It can be, depending on the facts and the state. In New Jersey, evidence of how long and how hard it had been raining, and that the water on the floor was dirty, was enough for a jury to find the store should have known about the water.
Do I need to prove how long the water was on the floor?
Usually you must show the owner knew or should have known about it. In Louisiana, constructive notice requires proof that the condition existed long enough that reasonable care would have discovered it. Rules differ by state; check the slip-and-fall page for your state.
What if the store knew about a leak but not the puddle?
In New Jersey, a store that actually knew about a ceiling leak was treated as responsible without proof it knew of the specific puddle. In Texas, by contrast, the high court held that knowing about a leaking bag in a cart did not show the store knew the floor was wet.
What if I wasn't watching where I was going?
Your share of fault can reduce your recovery. In New York, for example, an injured person's own fault in a personal injury case generally does not bar recovery, but damages are reduced in proportion to that person's share of fault. Other states use different rules.
How long do I have to sue after slipping on a wet floor?
It depends on the state. In New York, for example, the deadline for a personal injury action is three years, with some exceptions. See the personal injury statute of limitations by state chart, and if a government owns the building, the notice-of-claim deadlines by state table.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.