Wet Floor Signs in Pennsylvania: Does a Sign End the Claim
A warning is one factor, not a complete defense.
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A wet floor sign does not automatically defeat a claim. What matters is whether the warning was adequate in the circumstances: where it was placed, whether it was visible from your approach, whether it was there before you fell, and whether a warning was a reasonable substitute for cleaning up the hazard.
A warning is not automatically enough
Owners treat the sign as a complete answer. It is a factor, and the questions around it are where these cases are won:
- Where was it? A sign at one end of an aisle does not warn someone entering from the other.
- Was it visible from your approach? Behind a display, around a corner, or facing the other way is not a warning.
- When was it placed? Signs put out after a fall appear in photographs and are then described as having been there all along. Note the timing.
- Was a sign a reasonable response at all? A large spill in a busy aisle may require cleaning rather than a cone.
- How long had the hazard been there? A sign left over a wet patch for hours is not a solution.
The permanent sign problem
Some premises leave warning cones out permanently, at entrances or in the same corridor every day. Where a sign becomes part of the furniture, its warning value diminishes, and that is a legitimate argument rather than a technicality.
Photograph the sign as well as the spill
Take images showing the sign’s position relative to the hazard and to your line of approach. A photograph taken from where you were walking is far more persuasive than one taken from above afterwards.
If there was no sign when you fell and one appeared shortly after, photograph it anyway and note the time, because that sequence matters.
Comparative fault
Where a warning was genuinely adequate and you did not see it, expect an argument about your share of fault. That reduces rather than eliminates recovery unless you are found more than 50 percent responsible, and whether a sign was adequate is exactly the kind of question a jury decides rather than an insurer.
The attorneys who handle these cases
Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.
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Kenneth R. Schuster
Founding Member
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Justin M. Bernstein
Associate
Read Justin’s background -
Christopher D. Gasda
Associate
Read Christopher’s background -
Anthony S. Pinnie
Of Counsel
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Joseph J. Jachetti
Associate
Read Joseph’s background -
Andrew Valentin
Associate
Read Andrew’s background
Questions people ask us about this
Does a wet floor sign mean I cannot claim?
No. A warning is one factor rather than a complete defense. What matters is whether it was adequate in the circumstances: where it was placed, whether it was visible from your approach, whether it was there before you fell, and whether cleaning up would have been the reasonable response.
The sign was there but I did not see it.
Placement and visibility are exactly the issues. A sign at the far end of an aisle, behind a display, around a corner or facing away does not warn someone approaching from another direction. Photograph it from where you were actually walking.
They put the sign out after I fell.
That happens, and the sign then appears in photographs as though it had been there all along. Note the timing, tell any witnesses, and photograph it anyway. The sequence is significant and worth recording immediately.
The store always has cones out.
Where a warning becomes permanent furniture its value diminishes, and that is a legitimate argument. A cone left in the same corridor every day does not convey a specific present hazard to anyone who passes it regularly.
Will they say it was my fault?
Probably, and it reduces rather than eliminates recovery unless you are found more than 50 percent responsible. Whether a warning was adequate is the kind of question a jury decides, which is why insurers prefer to settle these once the placement photographs exist.
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