A slip and fall accident involving water is the most common type of accident we see at St. Petersburg Personal Injury Attorneys McQuaid & Douglas. An accident from a wet surface can happen anywhere. A fall after a slip on water can cause broken bones, head injuries, back and neck issues, sprains and even tears to the shoulder, knee or hip. The following article will describe many examples of accidents involving water.
What Needs to Be Proven to Bring a Claim for a Slip and Fall on Water?
If you have slipped and fallen on water, you may have a claim against the insurance for the owner of the property. This applies if the fall occurred at a business, a home, or any other place that you were invited to be at. The owner of the property has a duty to you to properly maintain the property and keep it free from dangerous conditions, like pooled water. If you can prove that the owner knew or should have known that the water was there and failed to fix the dangerous condition, then you have a claim. Conversely, if you slip and fall in your own bathroom because you or your loved one dripped water on the floor, you do not have a claim against your insurance company. In other words, the claim for negligence has to be against a third party.
Examples of Slip and Falls Cases on Water:
At St. Petersburg Personal Injury Attorneys McQuaid & Douglas, we have handled countless slip and fall cases involving water. But, we have picked a few examples to show how serious these cases can be.
First Example of a Slip and Fall Case Involving Water
One example involved a woman who was working at a business. She was not an employee of the business, so the worker’s compensation did not apply. She was simply a contractor. The business had garage doors that opened into a showroom. The business left the garage doors open while a rainstorm blew through. Because the doors were open, rainwater blew into the showroom and pooled on the floor. The business did not clean up the water or put any caution signs down. When my client walked out of the business toward the garage doors, she slipped and fell. She sustained serious injuries to her knee that resulted in surgery. We made a claim for negligence against the business for leaving the doors open, allowing water to come in, not cleaning up the water and failing to post any caution signs. The insurance company for the business settled this claim for a significant amount of money to compensate her for her injuries.
Second Example of a Slip and Fall Case Involving Water
Another example of a slip and fall on water involved a client who visited a restaurant. When my client walked into the restaurant, she and her party were greeted by a hostess. The hostess then led the group to their seats. The path the hostess took was directly through water that had pooled by the entrance to the bar. At this spot, there was a sink with a hose that was used to fill water and drinks, which created spills. Also, every waitress who picked up drinks from the bar walked across this same spot. Having drinks spill over and over in this spot contributed to the amount of liquid on the floor. There were no caution signs or mats placed in this spot to catch all of the spilled water. In fact, so much water regularly was spilled there, the spot was discolored with water marks. As my client walked over the wet spot on the way to her seat, her foot slipped and she went to the ground. Her legs did a split as she fell. The fall resulted in a tear in her hip. We made a claim against the business for negligence on the grounds that they should have known that was a dangerous area, did not have protective flooring, did not clean the area and did not have signs warning of a dangerous condition The insurance company for the business settled that claim for her damages.
Final Example of a Slip and Fall Case Involving Water
The next example involves a slip and fall at a Publix grocery store. In this situation, my client walked into Publix by a vending machine. The vending machine apparently had leaked or dripped water into a stream across the floor. My client could not see the water, so he slipped and fell. In the fall, he injured his knee, elbow, back, and neck. We made a claim for negligence against Publix claiming that they knew or should have known about the dangerous condition of the vending machine leaking water and failed to fix it or warn my client. Publix settled that claim with our client without us having to file a lawsuit.
Speak to a Personal Injury Lawyer About a Slip and Fall on Water
Claims from slip and falls on water require immediate legal attention because they are not always easy to prove. We find that many businesses clean up the water before it can be documented. We also find that pictures of water on floors are hard to document because the liquid is clear. Because water is hard for you to see, it is also harder to make a claim that the property owner should have seen it too. But, under the right circumstances slip and falls on water can be very valuable. We certainly hope that you never are seriously injured after a fall. But, if you have any questions about whether you have a case against a property owner or business for injuries sustained after a slip and fall in water, please contact us for a free consultation.