This is indeed a very important but tricky question. It is often best explained in the form of a scenario. Say for example you are in your local supermarket stocking up on those essential goods and you are unfortunate enough to slip on a wet floor.
Now, if there is a clearly visible wet floor sign in place which you should have seen, then it could be difficult to claim compensation for any injuries that you sustained. However, every case is unique and studied on its own facts. Say for example a wet floor sign was erected and was clearly visible but you failed to notice it because you were looking down at your mobile phone as you were walking. In this situation a Court would probably say that the store took all necessary precautions to warn you of the hazard and therefore there was no potentially negligence.
The presence of a wet floor sign does not necessarily mean that you do not have a claim. Say for example the wet floor sign was not clearly visible to you. Perhaps the wet floor is on an aisle and the wet floor sign is round the corner or is only visible to people walking in the opposite direction to you. In this case a claim may be possible.
Obviously these little facts such as whether or not the wet floor sign was visible are imperative in such claims. Following an accident you should make sure that the accident is reported in the stores accident book. You should also request that CCTV footage is retained as this could be proof that the sign was not clearly visible to you. You should request that CCTV footage is retained as soon as possible as companies will only keep footage for so long before they discard it.
Make the request to retain CCTV footage in writing, such as by a letter or email. Clearly state the date of the accident on the request and the approximate time. Make sure you keep a copy of the letter or email for your own records. If you make a request to retain the CCTV footage and the CCTV footage is discarded, then we would simply ask why this is the case. It would make it difficult for the Defendant to dispute your version of events (especially in the absence of any witness evidence). A wet floor sign may also not be visible to you if it has fallen to the floor.
However, if you instruct a good lawyer quick enough, they may be able to do this for you –it’s one of the first things we will always consider!
The basis of a claim comes under the Occupiers Liability Act. Occupiers of premises are under a duty to keep you reasonably safe and free from harm. A wet floor is clearly a hazard which should be rectified as soon as possible. A wet floor should not be left unattended without warning people of the danger.
If you slip on a wet floor and sustain injury and there was no wet floor sign at all, then we would say that you may a claim for compensation. However, don’t take anything for granted – still make a request for the CCTV footage. For example, a wet floor sign may be erected after you have slipped and sustained injury. In the accident book it may be recorded that a wet floor sign was in place when you slipped and fell. However, it is difficult to argue with actual footage of the accident. And again, if footage is discarded despite your request to retain it, then we would suggest that this supports your case in the event of a liability dispute.
Slipping on a wet floor can cause numerous injuries, in addition to the initial embarrassment. If you have sustained injury as a result of slipping on a wet floor then you may be able to make a claim for compensation. Even if a wet floor sign was in place, this does not necessarily mean than you cannot make a claim. Do not hesitate to telephone The Injury Lawyers today on 0800 634 7575 to discuss your claim.
