No Wet Floor Sign? When Illinois Property Owners Can Be Held Liable for Slip and Fall Injuries

Property owners in Illinois could be liable for slip and fall injuries if a wet or slippery floor created an unreasonable risk, the owner knew or should have known about the risk, and did not warn people about the floor or fix the hazard. Having no wet floor sign could render a property owner responsible, but liability is not automatic.

An Illinois slip and fall lawyer can help with questions about premises liability. Call DePaolo Zadeikis & Pino at 312-263-7560 for guidance in Chicago.

When Is a Wet Floor Sign Required Under Illinois Premises Liability Law?

No statute in Illinois says, “Property owners must put up a wet floor sign.” Instead, the general principles of Illinois premises liability law call for reasonable care.

A wet floor sign is a reasonable measure for a property owner to take when slippery conditions could cause harm and visitors would not otherwise notice or expect the danger. Common situations calling for wet floor signs include:

• Freshly mopped floors
• Spills in grocery aisles
• Leaking refrigeration units
• Tracked-in rain or snow

For example, Chicago averages about 38 inches of rain, snow, and other types of precipitation per year. Property owners are not always timely about putting up wet floor signs when bad weather appears.

That said, while wet-floor warning signs are often the simplest way to reduce the risk of injury, a sign by itself may not be enough. Illinois courts care about whether the owner took reasonable steps overall. If a floor was excessively wet, poorly lit, or left unattended for a long time, only placing a small sign at one end of the area may not satisfy the duty of care.

Conversely, if a spill occurred moments before a fall and the owner had no reasonable opportunity to discover it, the absence of a wet floor sign may not lead to liability. Slip and fall cases are highly fact-specific. Consulting an Illinois slip and fall lawyer can make a difference.

How Illinois Courts Determine Liability in Slip and Fall Accidents

The main question in premises liability is whether the property owner failed to act reasonably. Having no wet floor sign is only one piece of the puzzle.

Duty of Care

Property owners typically owe the highest duty of care to customers, tenants, and invited guests. Owners should actively inspect for hazards and either correct them or provide adequate warnings. This duty applies to businesses, apartment complexes, and many public-facing properties.

However, a moderate duty of care may exist for friends visiting a home. For example, if the porch railing is loose, the property owner should warn his or her friends but should not need to inspect the flooring of the house for loose floorboards or other defects.

Notice of the Wet Floor

Courts also care about whether the owner had actual or constructive notice of the wet floor. Actual notice means the owner or staff knew about it. Constructive notice means the floor was wet long enough to be discovered through reasonable inspections. A puddle that formed slowly from a leaking ceiling may show constructive notice.

Open and Obvious Danger

Was the wet floor danger “open and obvious”? If so, the property owner may say that the injured person should have noticed it. However, liability may still exist if the owner should have anticipated that people would still encounter the risk. One example is customers walking through a busy entrance during a rainstorm.

A slip and fall lawyer can evaluate various factors and determine whether a claim is viable.

What Injured Victims Must Prove to Hold an Illinois Property Owner Responsible

To recover compensation for slip and fall injuries, an injured person must generally prove four elements: duty, breach, causation, and damages.

• Duty: Property owners, including commercial property owners, owe lawful visitors a duty of reasonable care.
• Breach: What did the property owner do wrong? Possibilities may include not cleaning up a spill, not providing notice of a hazard, and ignoring a known leak. Evidence of no wet floor sign may support the breach element, as it represents a failure to warn.
• Causation: Medical records and witness statements often help establish causation between the wet floor causing the fall and the resulting injuries.
• Damages: What harm did the injured person suffer? Serious slip and fall injuries, such as fractures or head trauma, often have long-term physical, emotional, and mental consequences. Common damages include medical bills, future medical expenses, lost income, and pain and suffering.

Evidence is important when researching how to win a slip and fall case. Photos of the scene, surveillance footage, maintenance logs, employee training records, and witness testimony may all play a role.

Why Property Owners and Insurers Get Aggressive With Wet Floor Sign Cases

Property owners and their insurers want to limit liability and payouts. They often claim that the injured person was careless or that the hazard was obvious. They may also say that the wet floor appeared too suddenly to address. This is one reason early investigation matters. Delays can lead to lost footage, altered conditions, or faded memories.

Insurance companies also may minimize the seriousness of injuries, especially soft-tissue injuries or those needing long-term treatment. Proper documentation of medical care is important for fair compensation. Contact us today at DePaolo Zadeikis & Pino for next steps in Chicago.

FAQs About Slip and Fall Injuries With No Wet Floor Sign

Is a property owner automatically liable if there is no wet floor sign in Illinois?

The absence of a wet floor sign does not automatically create liability. However, it can support a negligence claim.

What evidence helps prove negligence in an Illinois slip and fall case?

Photos of the scene, surveillance video, witness statements, maintenance records, incident reports, and medical documentation are often major pieces of evidence.

How long do I have to file a slip and fall claim against a property owner in Illinois?

In most cases, Illinois law allows two years from the date of the injury.