Am I entitled to any compensation if I fall and slip in a store because of a wet floor?

Question

My wife slipped and fell this morning while shopping, due to a wet slippery floor. When she fell she landed on her right knee, she was hurt and limping slightly. Is she entitled to any compensations from the store?

Michael Heilmann · Answer

Yes.

Gregory Crain · Answer

Yes.

Melvin Franke · Answer

Yes.

James Osak · Answer

YES. Contact a "Slip and Fall" attorney in your area ASAP. You want to save as much evidence as possible. Good luck.

Gary Platt · Answer

Whether you can recover from the store depends on the specific   circumstances.  

If you can PROVE that the substance on the floor (water or  some other  liquid or slippery substance) had been on the floor for a significant amount of time, long enough that the store operators knew or should have known it was there and long enough for them to have the chance to clean it up  and/or  at least warn customers to avoid it, then the store can be held liable  for your  damages. 

You should retain a lawyer immediately to investigate the   incident and determine whether or not you have a viable case.

Bradley Cornett · Answer

Slip and fall cases are very fact specific.  Some plaintiffs recover on wet floor claims and others do not.  You should speak with a reputable attorney about the exact details.  Most attorneys will gladly provide a free initial consultation with no obligation.

Jeffrey Lapin · Answer

Your wife may be entitled to compensation for her injuries and damages sustained in her fall if she can prove the store was negligent in not preventing your wife's fall.   Your wife would basically have to prove that the store knew or should have known about the slippery floor and that they either failed to do something about the slippery floor or warn people about it.   Evidence that your wife would look for to help prove these items include, but are not limited to: how large the wet slippery area was; how long it had been there; whether anyone told the store about it; whether it was raining at the time; where the slippery area was in the store; what caused the floor to be slippery, such as water, a spilled product, etc.  In addition, your wife's own actions would have to be examined to determine whether her own conduct, primarily whether she kept a "proper lookout" and what efforts, if any, she took or could have taken to avoid the slippery area.    If your wife was partially at fault for her fall, her fault is compared with that of the store. To be entitled to compensation, your wife must be less than 50% at fault.   In addition, your wife's fault, if any, reduces the amount the store owes based on her percentage of fault. For example, if the case is worth $100.00 and a person is 10% at fault, they would be entitled to $90.00.    You do not provide enough information to determine whether the store was negligent and whether your wife's own conduct contributed to her fall.    Your wife should contact a personal injury attorney to more fully discuss her case. Most personal injury attorneys offer a free initial consultation so it should not cost her anything to talk to an attorney.

David Carlile · Answer

Maybe - it depends on whether or not the store knew, or should have know, of the dangerous condition on its premises before your wife fell.

Timothy Klisz · Answer

It would really depend on the extent of her injury.

Stephen Lombardi · Answer

A slight injury is not a reason to sue anyone although I suspect   the store's insurance company may contact you and offer a small settlement.

Dennis P. Mikko · Answer

Was the water on the floor open and obvious to a casual observer?  If the answer is yes, then there probably is no claim.  

Whether there is a claim could depend on how long the water was there, the source of the water, did the store have knowledge of the water and if they did have knowledge, what did they do.  

You would be well advised to have an attorney review all of the facts to make a determination.

Mark Smith · Answer

Yes you can sue, but be aware the store will say that your wife should have  known there was a wet floor or that she was nor careful.

Jeffre Crandall · Answer

The duty of the land owner/shop keeper is to keep the people coming safe from known dangers or dangers that reasonably should have been known. A timeline of the water/whatever on the floor is important.

David Hibbert · Answer

Dangerous premises cases are very fact specific. You should contact an attorney in your area. Weather, danger signs, activities of the store to keep entryways safe, are all factors to review.

Dean Esposito · Answer

It depends on the facts and circumstances but if the store knew or should have  known of the unreasonably dangerous condition and failed to warn or protect  patrons from this condition, you would have a good case for bodily injuries and  medical bills incurred as a result of the slip and fall.

Larry Klein · Answer

In order to prevail on a personal injury claim against the store, you must be able to prove two things.  The first is that there was a dangerous and defective condition of the floor.  If a floor is a wet and that makes the floor slippery then there is a potentially valid argument that the floor was in a dangerous condition.  The second thing you must be able to prove is either that the store created the dangerous condition or that the condition existed for such a length of time that the store would have been able to discover it upon reasonable inspection.  If the floor was wet because a store employee mopped the floor or because a store employee dropped something on the floor that made it wet, then the store created the condition.  If the floor was wet because a customer dropped something on the floor that made the floor wet, then the store did not create the dangerous condition and you must prove that the wet floor existed for such a length of time that the store should have discovered it upon reasonable inspection.    In terms of the injury part of the claim, your wife can make a claim for any medical bills she incurs, and lost wages if she loses time from work, and damages for her pain and suffering.    Regardless of whether or not the store would be held liable for your wife's injuries, if the store carries liability insurance, there is often what is called medical coverage under the policy which applies whether or not the store is responsible for the injury.  This means that the insurance company would pay for your wife's medical bills up to the limit of the amount of that coverage even if the store is not at fault for the injury.  Unfortunately, that coverage is often only for $1,000 though it can be higher and that coverage would only be available if the store carries that type of coverage on the policy.  That coverage is separate and apart from their liability coverage.  The liability coverage comes into play only if you can prove the two issues discussed above.    Also, note that there are time limits that apply to these types of claims.  Presuming the store is not owned by some sort of governmental entity, the Statute of Limitations for these types of claims is two years.  This means within two years from the date of the incident your wife would either have to have her personal injury claim settled, or file a lawsuit against the store within the two years or she would lose all her rights to make a personal injury claim.  If the store was owned by some sort of governmental entity, then the Statute of Limitations is much shorter and you should consult an attorney to discuss that.

Mindy Bish · Answer

The short answer to your question is maybe.    If the wet floor was caused by the actions of a store employee, ie: an employee mopped the floor or an employee spilled water that caused the floor to be wet or a ice machine leaked and caused the floor to be wet then the property owner would be responsible for any injury that occurred as a result of a wet floor where they failed to place a caution sign.  If the wet floor was caused by a third party. ie:  a patron spilled water on the floor, or we do not know who caused the wet floor that a party must show that the water had been there long enough that the store had an opportunity to see the wet floor and clean it up or place a caution sign.  Only after establishing that the water had been there for a period of time would a patron be entitled to compensation.  This may sound difficult but it is not.

David Craig · Answer

The answer to your question is that it depends.  The store has a duty to maintain its store in a reasonably safe condition and to warn you or remove any dangerous conditions.  If the store allowed a dangerous condition to remain in its property and it failed to warn or take other steps to protect its customers then it can be found at fault.  The next question is, was you wife also at fault.  Was she doing anything unreasonable that contributed to her falling.  If so then you must compare the fault of the store and your wife.  As long as your wife is 50% or less at fault then she is entitled to recover.  Her damages however will be reduced for her percentage of fault.  Your wife should consult with an attorney who handle these type of cases.  You want someone experienced in slip and fall cases and who has actually gone to trial ion this type of case.  Usually these type of lawyers do not charge for the initial meeting.  Therefore you have nothing to lose in meeting with the attorney.  If the attorney thinks she/he can help you then they usually don't charge you anything unless or until they make a recovery.

Douglas Rothschild · Answer

Only if the store created the hazard or if the hazard existed on the floor for an unreasonable amount of time.

Gary Moore · Answer

If she was injured due to the store's negligence, she is entitled to sue the store.

Houston D. Smith III · Answer

Slip and fall cases are not uncommon, and under certain circumstances the person who fell is allowed compensation from the store operator.  Hopefully your wife made a report of the fall to the store.  Without further details, I cannot advise how best to proceed.

Ronald A. Steinberg · Answer

If she can prove that 1) the store knew that the liquid was on the floor long enough before she encountered it so that they could have cleaned it up, or 2) that the liquid was on the floor for "an unreasonably long time before she fell" that they "should have known it was there," and 3) that your wife could not see (note-I did not say "did not see") the liquid before she fell.  There are 2 defenses to a premises liability (slip and fall or trip and fall) case; lack of notice of the defect, and that it was open and obvious to the victim before the accident.

Thomas Edward Gates · Answer

The store has a duty to protect and warn against known hazards.  Was there signage around the spill?  Did it just happen?  Was your wife aware of her surroundings as she was walking or was she distracted?  As you can see, slip and fall cases have a lot of issues that need to be addressed.  The main thing, did you fill-out an accident report?  If not, do so.  Did your wife seek medical treatment?  Was any required?  The bottom line is you need to see an attorney to respond to these and other questions.

Ronald Lowry · Answer

These cases are very fact intensive so the short answer is: maybe. You need a lawyer experienced in premises liability cases. If you contact me I will refer you to the best such attorney in your area at no charge to you.

Steven A. Schwartz · Answer

One cannot automatically make a claim just because one falls on someone's property.  In this instance, clearly your wife is an innocent victim and not at fault.  However, she would still have the burden of proving that the store did something wrong, or committed negligence.  If water spilled on the floor seconds before your wife encountered it, it would be difficult to find fault with the store.  The store would not be expected to have found the slippery substance in such short a time period.  However, if the slippery substance was on the floor for quite some time, giving the store time to discover it, then it may be responsible.  Certainly, if the spill was caused by the store or an employee, then the store is liable.  My best suggestion is to contact an experienced slip and fall lawyer.

Eric Rothstein · Answer

Sure - if you can prove negligence and an injury. You don't get compensation just for falling.

Joseph John Ganz · Answer

Generally if she can prove that the store knew or should have known of a dangerous condition and that it failed to warn a business invitee(customer) of the danger and If the danger was not the type a reasonably prudent customer would be able to discover (Latent or invisible defect), then the store would probably be liable for injury suffered.

Richard Peacock · Answer

There are a lot of facts that are not filled in here.  However, provided everything else checks out, it would appear that your wife sustained damages and injuries due to the negligence of the store and therefore she would be entitled to recovery of some sort of damages.  It would be wise to discuss this matter with an attorney in your area as it appears that you definitely need legal assistance.

Cary Smalley · Answer

Yes, depending on the details of the situation.  I suggest you talk with an attorney to discuss your potential case.

Jon F. Schmoll · Answer

Indiana law requires a store owner to keep  the store in a reasonably safe condition for shoppers.   If the wet floor was caused by mopping, the store owner should warn customers.   If another customer spilled something, the store owner has to have some kind of notice of the spill or  failed to reasonably inspect the store to check for spills.   Under such circumstances, the store is responsible for your wife's injuries.

Andrew Velonis · Answer

It depends on how and when the floor became wet:  if it was wet because they were mopping it and failed to put up "wet floor" signs, then the answer is yes.  But, if it was wet because someone spilled something, you would have to show that the spillage was there long enough that store employees should have noticed it and cleaned it up.  If it was wet because water was tracked in due to rain, that's a maybe.

Charles E. Cartwright · Answer

It is possible she may be entitled to compensation. Under Florida law, if the store knew or should have known of the wet floor, then she could recover.

C. Hopkins · Answer

Possibly, depending on how many minutes the floor was wet and whether management knew about it.

Phong Thanh Tran · Answer

If the store was negligent, such as when they were aware of the wet floor but failed to notify people, you can make a claim for compensation.

Jules D'Alessandro · Answer

Your wife is entailed to compensation but getting it is another story.  Hopefully she documented her fall with store management, pointed out the wet floor and the lack of any warning signs.  Thereafter, she should have gone to an emergency room to determine the extent of her injury.  If there is no permanent of significant injury you may have trouble finding a lawyer to pursue the claim.

Thomas Bulman · Answer

Depends on why the floor was slippery.  Go to a doctor for a checkup, contact the store to file an incident report and to ask for insurance information to pay for the doctor visit.

Willie Stephen Graves · Answer

She may be entitled to compensation if store employees put the water on the floor and failed to warn customers that it was there. But she's unlikely to recover much if anything unless she required medical treatment. Plus there's always the "look where you're going" defense that makes slip-and-fall cases difficult. See a lawyer; most personal injury lawyers charge nothing for an initial consultation.

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Am I entitled to any compensation if I fall and slip in a store because of a wet floor?

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