Can You Still Sue if There Was a Wet Floor Sign?

Many people assume that if a “Wet Floor” sign is present, they have no legal case after a slip and fall injury but that’s simply not true. You may still be entitled to compensation, and the Birmingham slip and fall attorneys at Drake Injury Lawyers are here to help you understand your rights and fight for the justice you deserve.

We help injured victims challenge assumptions about liability after a fall

At our firm, attorney Whit Drake leads a team with decades of experience in Alabama premises liability law. We know that stores, restaurants, hospitals, and other property owners often use warning signs in an effort to avoid being sued, but that doesn’t automatically protect them from legal responsibility.

We’ve handled many cases where clients were seriously injured despite the presence of a caution sign. What really matters under Alabama law is whether the property owner acted reasonably under the circumstances and that’s where our experience makes a difference. We understand the nuances of how to prove negligence, even when a warning was posted.

Why work with Whit Drake and our injury attorneys?

Whit Drake is one of Birmingham’s most trusted personal injury attorneys, with a proven record of results in slip and fall cases. With more than 25 years of experience, he’s helped thousands of victims recover fair compensation after serious injuries. Our legal team is deeply familiar with the Alabama legal system and the tactics businesses and insurers use to avoid paying claims.

When you work with us, you’ll get:

• A free, no-obligation consultation
• Personalized attention from a local team that knows Birmingham courts and insurers
• Aggressive investigation and evidence gathering to prove fault even when signs were present
• Compassionate legal support so you can focus on recovery

We don’t just file claims. We build strong cases based on the full story behind your injury. If someone else’s carelessness caused you to fall, we’ll help you prove it and pursue full compensation.

What is premises liability, and why does it matter in your case?

Premises liability is the area of law that holds property owners responsible for maintaining safe conditions. Under Alabama law, store managers, landlords, and business owners owe a duty of care to people who enter their property legally. That duty includes promptly addressing hazards like wet floors and providing proper warnings when those hazards can’t be fixed immediately.

However, the presence of a “Wet Floor” sign doesn’t automatically satisfy that duty. A sign must be visible, placed appropriately, and used in conjunction with reasonable efforts to clean up or block off the hazard. If a business simply puts up a sign and does nothing more, they may still be liable if someone gets hurt.

Our Birmingham premises liability attorneys know how to investigate these cases thoroughly. We review security footage, witness accounts, maintenance logs, and the property’s inspection history to determine whether the sign was used as a true warning or as a legal shield.

We handle both common and uncommon slip-and-fall scenarios

Most people think of grocery stores and restaurant spills when it comes to wet floor injuries, and we do handle many of those. But our attorneys also take on more unusual cases involving overlooked or mismanaged hazards, including:

• Commercial properties that wax floors during peak business hours
• Apartment complexes where leaking pipes cause long-term floor slickness
• Fitness centers that leave floors wet after group classes without adequate signage
• Dog-friendly retail spaces where pet accidents go uncleaned
• Public pools where water regularly accumulates outside designated drip zones

We understand that these less common scenarios can be even more dangerous, and often go underreported or ignored by property owners. Whether your fall happened in a high-traffic store or a poorly monitored facility, we’re here to help.

What Is Premises Liability and Who Is Responsible for a Slip and Fall?

Premises liability is the legal responsibility that property owners and managers have to keep their premises reasonably safe for visitors. If someone is hurt because of a dangerous condition, like a wet floor, the owner may be held legally accountable under this area of law.

Property owners have a legal duty to prevent foreseeable harm

Under Alabama law, store owners, landlords, business operators, and even homeowners have a duty to keep their property free of hazards that could cause injury. This duty applies to anyone lawfully on the premises, such as customers, tenants, or invited guests.

If there’s a wet floor, the property owner must either eliminate the hazard quickly or provide a clear and effective warning. Failing to do either may result in liability if someone slips and gets hurt. Importantly, a warning sign alone is not always enough. What matters is whether the owner acted reasonably under the circumstances.

Reasonableness is key in determining liability

The courts don’t expect property owners to prevent every possible accident. But they do expect owners to take reasonable steps to reduce foreseeable risks. That includes monitoring the property, cleaning up spills quickly, and warning visitors when hazards exist.

For example, if a spill happens in a grocery store aisle and staff ignore it for hours, even with a small wet floor sign placed at one end, they may still be liable if someone falls. The reason? The sign wasn’t enough to reasonably protect shoppers, especially if it wasn’t clearly visible or if the spill spread beyond the marked area.

Our Birmingham slip and fall attorneys know how to uncover the truth behind these incidents. We gather maintenance logs, staff statements, and surveillance footage to show whether the property owner really did everything they should have done.

Alabama law supports your right to sue if the owner failed in their duty

Premises liability law in Alabama is rooted in common law principles, but it’s also shaped by specific statutes and case law that define when an owner is responsible. These rules vary depending on the injured person’s status (customer, tenant, guest, etc.) and the nature of the hazard.

Because these cases are fact-specific, it’s essential to work with attorneys who understand the legal and evidentiary nuances. The Birmingham premises liability attorneys at Drake Injury Lawyers will evaluate every aspect of your case and explain your legal options clearly and compassionately.

Can You Still Sue if There Was a Wet Floor Sign?

Yes, you can still sue even if a wet floor sign was present at the time of your fall. A warning sign does not automatically protect a property owner from legal responsibility, especially if their actions were still unreasonable under the circumstances.

A warning sign is not a free pass for negligence

Many people mistakenly believe that a wet floor sign ends any chance of filing a lawsuit. But Alabama premises liability law focuses on overall reasonableness, not just whether a warning was posted. In fact, a wet floor sign is only one factor the court will consider when determining whether the property owner acted with appropriate care.

For example, if a spill was left unattended for an extended period of time or if the sign was poorly placed or hidden from view, the owner may still be liable. The presence of a sign is not a guarantee that reasonable precautions were taken. It’s just part of the bigger picture.

Signs must be used properly to offer real protection

A caution sign that’s behind a door, obstructed by displays, or placed too far from the actual spill doesn’t help visitors stay safe. If it’s not easily visible, clearly positioned, or paired with efforts to clean up the hazard, it fails to serve its purpose.

In one case handled by a firm like ours, a client slipped just feet away from a caution sign because the floor had recently been waxed and no one was actively monitoring the area. Even though the sign was nearby, it wasn’t placed in the path of the hazard, and no barricades or attendants were present. That client had a valid claim because the sign alone did not meet the standard of reasonable care.

Alabama’s modified comparative negligence system plays a role

Alabama follows a modified comparative negligence rule. This means that if you are found to be 50% or more at fault, you cannot recover damages. Property owners often argue that the presence of a wet floor sign shifts at least some blame onto the injured person. For example, they might claim you were distracted by your phone or wearing improper footwear.

That’s why it’s important to work with attorneys who know how to counter those tactics. Our legal team focuses on gathering detailed evidence, like witness statements and surveillance footage, to prove that your actions were reasonable and that the property owner still failed in their duty.

What if the sign was hidden, missing, or ineffective?

Even when signs are present, they might not be legally sufficient. We’ve seen cases where:

• Signs were placed behind counters or hidden by displays
• The sign was small, damaged, or unreadable
• The hazard extended far beyond where the sign was placed
• The floor had additional dangers like poor lighting or uneven tiles

If any of these apply to your fall, there’s a strong chance the warning sign wasn’t enough, and you may still have a case.

What Are the Key Factors That Determine Liability in a Slip and Fall Case?

Liability in slip and fall cases depends on several important factors that courts and insurance companies carefully examine. Understanding these elements can help victims see why some cases succeed even when a warning sign was posted.

What matters most in determining liability?

1. Sign Placement and Visibility
    A wet floor sign must be placed in a location where it is clearly visible to anyone approaching the hazard. Signs hidden behind displays, doors, or in poorly lit areas often fail to provide adequate notice. Courts will look at whether a reasonable person could have seen the sign in time to avoid the danger.
2. Promptness of Clean-up and Hazard Control
    Property owners are expected to act quickly once a spill or wet area is discovered. Leaving a hazard unattended for an extended period—even with a sign present—may constitute negligence. Documentation showing cleaning schedules or staff responses can be critical evidence.
3. Secondary Hazards and Environmental Conditions
    Other factors like poor lighting, uneven flooring, debris, or blocked walkways near the wet area increase the risk of accidents. Even if a warning sign is present, these hazards can make the situation more dangerous and can contribute to the property owner’s liability.
4. Evidence of Routine Inspections and Maintenance
    Regular inspections and documented maintenance show that a property owner is actively working to prevent accidents. A lack of inspection records or inconsistent cleaning can weigh heavily against the property owner in court.

Why do these factors matter so much?

Liability is not just about whether a sign was posted; it’s about the overall care taken to keep people safe. The law recognizes that signs are warnings, not solutions. If the hazard was allowed to exist in a way that posed an unreasonable risk, the property owner can be held responsible for injuries that result.

At Drake Injury Lawyers, we investigate these details thoroughly. We review security footage, interview witnesses, and obtain maintenance logs to build a strong case proving that the property owner failed in their duty, even with a warning sign in place.

What Is Comparative Negligence and How Does It Affect My Case?

Comparative negligence is a legal principle that can affect your ability to recover compensation after a slip and fall injury. Understanding how it works in Alabama is essential to know what to expect when pursuing your claim.

What if I was distracted or partly at fault?

Alabama follows a modified comparative negligence system, which means you can still recover damages as long as you are less than 50% responsible for the accident. If you are found to be 50% or more at fault, you cannot recover any compensation.

For example, property owners may argue that your distraction, such as texting on your phone, rushing, or wearing improper footwear, contributed to your fall. These claims aim to reduce or eliminate their liability by shifting some blame to you.

How can you dispute fault claims?

Our Birmingham slip and fall attorneys focus on disproving unfair fault assignments by collecting strong evidence. This may include:

• Witness statements that confirm you were paying attention
• Video surveillance showing the hazardous conditions that caused your fall
• Expert opinions on how the hazard created an unavoidable risk

By demonstrating that the property owner’s negligence was the primary cause of your injury, we can minimize your percentage of fault and maximize your potential compensation.

Why does comparative negligence matter to your case?

Comparative negligence affects not only whether you recover damages but also how much you receive. If you are assigned 20% fault, your award may be reduced by that percentage. That’s why having skilled attorneys who understand these laws is critical.

At Drake Injury Lawyers, we know how to handle these challenges and fight for your rights. We will explain every step of the process and work diligently to prove the true cause of your injury.

What Evidence Should I Gather After a Slip and Fall?

Collecting the right evidence is crucial to building a strong slip and fall case, especially when a wet floor sign was present. The more detailed and accurate your documentation, the better your chances of proving the property owner’s negligence.

What evidence should I gather?

• Photos and Videos: Take clear pictures or videos of the wet floor, the warning sign, and the surrounding area. Show where the sign was placed relative to the hazard and any factors like poor lighting or debris that made the situation dangerous.
• Witness Statements: If anyone saw your fall or the conditions that caused it, get their contact information and ask for a written or recorded statement. Witnesses can provide powerful third-party accounts that support your claim.
• Maintenance and Cleaning Logs: Request records from the property owner or business that show how often the area was inspected or cleaned. These logs can reveal whether reasonable efforts were made to address the hazard promptly.
• Surveillance Footage: Video from security cameras can be key to showing exactly how the accident happened, whether the sign was visible, and how long the hazard was left unattended.

Why is evidence so important?

Insurance companies and defense attorneys will often try to minimize or deny claims by questioning the facts. Without strong evidence, it’s difficult to prove the property owner failed in their duty or that the warning sign was inadequate.

Our Birmingham premises liability attorneys know how to gather and preserve evidence to build an effective case. We act quickly to secure documents and footage before they are lost or destroyed.

What Types of Slip and Fall Cases Do We Handle?

Slip and fall accidents can happen in many different settings and under a variety of circumstances. At Drake Injury Lawyers, we handle a wide range of cases involving wet floor hazards, both common and uncommon, to ensure every victim gets the legal help they deserve.

What are the common types of slip and fall cases?

• Liquids and Food Spills: These are the most frequent causes of wet floor injuries in stores and restaurants where spills happen unexpectedly.
• Mopped Floors: Often seen in retail, offices, and hospitals, freshly mopped floors that remain wet for too long without proper warning cause many accidents.
• Icy Entryways: In colder months, slippery ice or snow near entrances can be extremely dangerous, especially if owners fail to clear or warn properly.
• Bathroom Leaks: Faulty plumbing or slow-cleaned restroom floors can create persistent wet areas leading to falls.

What are some uncommon but serious scenarios?

1. Industrial Cleaning Chemicals Creating Slick Surfaces: Sometimes harsh cleaning agents leave residue that’s invisible but very slippery.
2. Waxing Floors During Business Hours: Floors that are waxed or polished without blocking off the area can cause unexpected hazards.
3. Pet Waste in Dog-Friendly Retail or Apartment Areas: Uncleaned pet accidents can create slippery spots that are often overlooked.
4. Gym or Sports Facility Floor Cleaning Mid-Session: When floors are wet during active use without clear warnings, the risk of injury rises sharply.
5. Pool Deck Drip Zones Without Adequate Guards: Even with signage, water buildup in pool areas can be a hidden danger.

Why mention uncommon cases?

These less typical cases are often neglected by property owners and underrepresented in legal advice. Our attorneys understand that slip and fall injuries don’t always happen in obvious ways. We’re prepared to investigate these unique situations thoroughly to hold negligent parties accountable.

What Injuries Can Result and What Compensation Can I Receive?

Slip and fall accidents on wet floors can cause a wide range of injuries, some of which may have long-lasting effects. Understanding the types of injuries and what compensation you may be entitled to is critical for protecting your rights.

What kinds of injuries are common in wet floor slip and fall cases?

• Fractures and Broken Bones: Falling on a hard surface often leads to broken wrists, hips, arms, or legs, which may require surgery and lengthy rehabilitation.
• Traumatic Brain Injuries (TBI): Head injuries can range from concussions to severe brain trauma, affecting memory, cognition, and daily function.
• Strains and Sprains: Soft tissue injuries to muscles, ligaments, or tendons can cause chronic pain and limit mobility.
• Spinal Injuries: Falls can damage the spine, potentially leading to paralysis or lifelong disabilities.
• Lacerations and Bruises: Cuts and contusions may seem minor but can become serious if infections develop.

What types of compensation can I recover?

If your injury was caused by negligence, you may be entitled to compensation for:

• Medical Expenses: Hospital bills, doctor visits, surgery, physical therapy, and future medical care.
• Lost Income: Wages lost during recovery and potential loss of future earning capacity if your injury impacts your ability to work.
• Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
• Rehabilitation and Assistive Devices: Costs for therapy, mobility aids, or home modifications.

How much is a typical wet floor injury claim worth?

There is no one-size-fits-all answer. Compensation depends on the severity of the injury, the evidence supporting your claim, and the facts of the case. However, cases involving serious fractures or TBIs often result in substantial settlements or verdicts.

At Drake Injury Lawyers, we carefully evaluate the full impact of your injury to ensure you pursue the maximum compensation available under Alabama law.

How Long Do I Have to File a Slip and Fall Claim?

Time is critical when it comes to filing a slip-and-fall lawsuit. Understanding Alabama’s deadlines ensures you don’t miss your chance to seek compensation.

What is the statute of limitations for slip and fall cases in Alabama?

In Alabama, the statute of limitations for personal injury claims, including slip and fall cases, is generally two years from the date of the injury. This means you must file your lawsuit within this period, or you risk losing your right to pursue compensation.

Are there any exceptions or special rules?

Certain situations may extend or “toll” the statute of limitations. For example:

• If the injured person is a minor, the deadline may be delayed until they turn 19.
• If you were mentally incapacitated at the time of the injury, the clock may start once you regain capacity.
• Some government-owned properties have shorter notice requirements or special filing procedures.

Because these rules can be complex, it’s important to consult with an experienced Alabama slip and fall attorney as soon as possible.

What should I do immediately after a slip and fall?

• Seek medical attention right away, even if injuries seem minor.
• Document the accident scene with photos or videos before the area is cleaned or altered.
• Report the incident to the property owner or manager and ask for an incident report.
• Preserve evidence such as clothing, footwear, and any correspondence related to your claim.
• Contact the Birmingham slip and fall attorneys at Drake Injury Lawyers promptly to protect your legal rights and start building your case.

How Does Drake Injury Lawyers Serve Birmingham and Surrounding Areas?

Drake Injury Lawyers is proud to serve clients throughout Birmingham and the surrounding communities, providing compassionate and skilled legal representation in slip and fall cases.

Which areas do we focus on?

We regularly represent clients in Jefferson County, Shelby County, and neighboring communities such as Hoover, Vestavia Hills, Homewood, and Mountain Brook. Our attorneys are familiar with local courts, judges, and insurance companies, giving you a strategic advantage.

What local roads and highways are common slip-and-fall zones?

Slip and fall accidents often occur near busy retail centers and shopping districts accessible from major highways like Interstate 20, Interstate 65, and U.S. Route 280. Areas such as The Summit Birmingham, Brookwood Village, and Riverchase Galleria see high foot traffic, increasing the risk of wet floor hazards.

Why choose a locally based attorney like Whit Drake?

Being based at 2 Perimeter Park South #510E in Birmingham allows Whit Drake and our team to respond quickly to client needs. We understand the unique challenges faced by residents here, from weather-related hazards to busy commercial zones prone to spills and wet floors. This local expertise means your case benefits from tailored strategies grounded in Birmingham’s community and legal landscape.

At Drake Injury Lawyers, we are committed to standing by our neighbors and fighting for fair compensation when slip and fall accidents occur.  Call (205) 970-0800 for your free, no-obligation consultation. Let us fight for your rights while you focus on healing.

Frequently Asked Questions (FAQs)

Can a store avoid liability just by posting enough wet floor signs?

No. While posting visible and properly placed signs is part of a property owner’s duty, signs alone do not absolve them from liability. Owners must also act reasonably by cleaning hazards promptly and maintaining safe conditions. Courts look at the totality of the circumstances, not just the presence of warning signs.

Is a landlord responsible for slip and fall accidents in Birmingham rental properties?

Yes, landlords have a duty to keep common areas safe and fix hazardous conditions in rental properties. If a slip and fall occurs due to unaddressed wet floors or leaks, landlords can be held liable, especially if they failed to warn tenants or repair the problem in a timely manner.

Do I need a lawyer if the insurance company offered me money?

It’s important to speak with an attorney before accepting any settlement offer. Insurance companies often try to minimize payouts or settle quickly for less than your claim is worth. A skilled slip and fall lawyer like Whit Drake can review your case, negotiate aggressively, and ensure you receive fair compensation.

Why should I choose Drake Injury Lawyers for my slip and fall case?

We combine decades of experience with a compassionate, client-first approach. Whit Drake and our Birmingham-based team fight hard to hold negligent parties accountable and secure the best possible results. We offer free consultations, no upfront fees, and personalized service every step of the way.