Wet Floor Accidents in Palm Springs

Slip and fall accidents are one of the leading causes of personal injuries, including severe injuries like traumatic brain injuries (TBIs), broken bones, sprains, strains, neck injuries, and more. They can leave people with life-altering damages, an inability to support themselves, and an inability to care for themselves.

Wet floors are one of the risk factors for slip and fall accidents. Sometimes, wet floors are unavoidable, and the property owner does not have the chance to remedy them. However, in most cases, the property owner—or someone acting on their behalf or in their stead—may be responsible for the injuries. Their liability will depend on whether they knew—or should have known—about the wet floor, had an opportunity to remedy it, or could have warned people of it.

Whether the property owner is a commercial owner or a homeowner, they may be responsible for injuries from a wet floor. However, commercial property owners are expected to be more diligent than personal property owners, which can make it easier to recover from them after wet floor accidents in Palm Springs.

Who Is Liable for Slips on Wet Floors?

Deciding whether a person can recover from a property owner requires determining liability for the accident. Premises liability claims are based on negligence and whether the property owner had a duty of care to the person. Property owners have a duty of care to people they allow on their property, so—unless someone is a trespasser—the property owner has a duty of care.

The duty of care varies for commercial and residential property owners and is also based on the reason a person is visiting the property. Generally, someone visiting the property carries out the property owner’s business and receives more protection than someone visiting the property to carry out their own business or for social purposes.

When someone holds their property open to the public—whether they are a private or commercial owner—then a person probably has a claim for a slip and fall on a wet floor. The property owner must take reasonable steps to keep the floors dry, which means cleaning spills when they happen. If they cannot keep the floors dry, they must warn the visitors when they are wet.

For private homes, the obligation is a little less. Is the wet floor apparent? If so, the property owner may not have a duty to warn the visitor of the hazard. They also do not have the same requirement to clean spills immediately.

However, from a practical perspective, the duty of care for Palm Springs wet floor accidents is relatively similar. A property owner who knows about a slippery floor and fails to correct or warn people about the hazard may be responsible for any resulting injuries.

Contributory Negligence Is Not a Defense

California is a pure comparative negligence state, which rejects contributory negligence—the doctrine that a plaintiff who contributed to their own injuries cannot collect compensation in a personal injury claim. Instead, the court assigns percentages of fault to each party, allowing the parties to recover damages based on their percentage of fault.

Even if a wet floor caused a slip and fall accident in Palm Springs, a victim could contribute to the accident by choosing slippery footwear. This will not prevent the victim from recovering, but it could reduce the amount of their recovery.

Talk to a Palm Springs Attorney About Filing a Wet Floor Accident Lawsuit

Property owners are responsible for protecting visitors from wet floor accidents in Palm Springs. However, that duty varies depending on the nature of the visit and the property. Schedule a free consultation with a seasoned lawyer at Walter Clark Legal Group to find out if you have a viable slip and fall claim.