A wet floor sign can show that a store warned you about a dangerous condition. However, it does not automatically protect the store from liability. Massachusetts law looks at whether the warning was sufficient and whether the store took reasonable steps under the circumstances. Here are a few things to know.
The warning must adequately alert you
A warning only helps if it gives you enough information to recognize and avoid the danger. A sign that is difficult to see, placed too far from the hazard or positioned where you would not reasonably notice it may not provide an adequate warning.
The circumstances also matter. A warning should give you a reasonable opportunity to recognize the condition before encountering it.
The store may still need to address the hazard
A warning does not necessarily replace the store’s responsibility to take reasonable steps to address a dangerous condition. Massachusetts model jury instructions specifically recognize that a property owner may need to take additional steps even when a danger is known or obvious.
For example, simply placing a sign beside a large spill may not be enough if employees could reasonably clean the area or otherwise prevent customers from encountering it.
The circumstances of your fall still matter
The surrounding circumstances can help determine whether the store acted reasonably. The location of the spill, how long it remained there, lighting, foot traffic and what employees knew about the condition can all matter. These details can help establish what the store knew, what it did and whether those steps adequately protected you.
Look at the full picture
If you were injured after slipping on a wet floor, look at the circumstances surrounding the fall rather than focusing on the sign alone. The store’s response, the condition of the area and what happened before you fell can all help you understand your options. If the store has denied responsibility, reviewing those details can help you decide what to do next.