Does a Lack of a “Wet Floor” Sign Prove a Portland Business Owner’s Liability for a Slip & Fall Accident?

Slip and fall accidents often occur because of a wet floor that is not clearly identified as such. Most people understand that if they see a “wet floor” sign that they need to be careful when walking to avoid slipping. But in the absence of such signage, it may be difficult–if not practically impossible–for a visitor to a property to know there is any danger.

Costco Faces Lawsuit Over Customer’s Fall Near Ice Cooler

Under Oregon premises liability law, a property owner has a duty to warn business invitees of any known dangerous conditions on the property. A business invitee is basically someone invited onto the property for the primary benefit of the owner. For example, if you shop at a grocery store during its regular hours, you are considered a business invitee of the store owner.

While a business owner is not, strictly speaking, required to post a “wet floor” sign whenever they know there is a wet floor on their premises, the owner must take reasonable action to correct the problem–i.e., have an employee mop the floor–or take some measure to warn invitees of the risk. Typically, this does include posting a “wet floor” sign but there are other steps that may be taken, such as closing off the section of wet floor to the public.

In the absence of any warning, however, a customer injured in a slip and fall accident may have a legal claim for compensation against the store owner. For example, a woman here in Portland recently sued Costco following a slip and fall accident in one of its stores. According to her complaint, the woman was shopping at Costco’s Central Point, Oregon, store. She “walked by the ice cooler which was being restocked by an employee,” when she “slipped and fell on the wet surface and fell to the ground sustaining injuries.” The wet surface, in turn, was the result of a “continuous problem of water collecting on the ground” as customers retrieved bags of ice from the cooler.

The complaint further alleges that Costco management made no attempt to “inform” or “disclose” the risk of a wet floor to the plaintiff and other business invitees. For instance, there were “no warning signs to put patrons on notice of this known dangerous condition.” That is, Costco never posted any “wet floor” signs near the cooler.

This lawsuit remains pending in federal court. It is discussed here simply to illustrate the types of situations that can lead to a slip and fall lawsuit in Oregon. It is important to note that simply failing to post a “wet floor” sign is not, in and of itself, definitive proof of a store owner’s liability for a slip and fall accident. Rather, it is part of a larger case demonstrating the store owner failed in its legal duty to warn customers of known–or easily discoverable–slipping or tripping hazards.

Contact a Portland Slip & Fall Accident Lawyer Today

Slip and fall accidents often leave victims with permanent, and in some cases life-threatening, injuries that require thousands of dollars in medical care followed by months of rehabilitation. So if a property owner’s negligence played a role in your fall, it is important to hold them legally and financially accountable. Our Portland slip and fall lawyers are here to help. Contact Rosenbaum Law Group, PC, today at 503-288-8000 to schedule a free consultation.

Source:

storage.courtlistener.com/recap/gov.uscourts.ord.187881/gov.uscourts.ord.187881.1.3.pdf