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The Warning Sign Defense And How Property Owners Misuse Wet Floor Markers


Property owners love to point at wet floor signs when someone gets hurt. They assume that bright yellow marker gives them a free pass. It doesn’t work that way. At Choulos & Tsoi Law Firm, we regularly see cases where businesses hide behind warning signs while ignoring their actual responsibility to keep people safe.

The Legal Standard Behind Warning Signs

California law requires property owners to maintain reasonably safe conditions. If a hazard exists, they need to either fix it or provide adequate warning. The problem is that many businesses interpret “adequate warning” loosely. They think any wet floor sign, placed anywhere, absolves them of liability.

That’s not how premises liability works. Courts look at whether the warning was reasonable under the circumstances. A small yellow cone tucked in a corner doesn’t cut it when there’s a massive spill in the middle of a busy aisle.

Common Ways Property Owners Misuse Wet Floor Signs

Placing Signs in Poor Locations

We see this constantly. A wet floor sign sits at the end of an aisle while the actual hazard is twenty feet away. Or the sign faces the wrong direction, so customers approach the danger without seeing any warning. Sometimes signs are partially hidden behind displays or shopping carts.

If someone can’t reasonably see the warning before encountering the hazard, it’s not effective.

Using Inadequate Numbers of Signs

One small cone doesn’t protect a property owner when there’s a large spill or freshly mopped floor covering a wide area. High-traffic locations need multiple warnings from different approach angles. A single sign might technically qualify as “a warning,” but it may not meet the standard of reasonable care.

Leaving Hazards Unattended Too Long

Here’s where property owners really get it wrong. They put out a sign and think their job is done. But California law doesn’t just require warnings. It requires property owners to address hazards within a reasonable timeframe.

If a spill happened three hours ago and the only action taken was placing a sign, that’s often negligence. The sign becomes an admission that the owner knew about the danger but chose not to fix it.

What Makes a Warning Inadequate

Our Santa Monica slip and fall lawyer team evaluates several factors when a property owner claims they provided adequate warning:

  • Visibility: Could the victim reasonably see the sign before reaching the hazard?
  • Timing: How long was the sign there without the hazard being addressed?
  • Clarity: Did the sign accurately describe the specific danger?
  • Accessibility: Were there safe alternative routes available?

Sometimes the warning itself creates confusion. Generic “caution” signs don’t tell people what to watch out for. A sign that says “wet floor” placed near a broken tile is misleading.

When Property Owners Try to Shift Blame

After someone falls, property owners often argue the victim should have seen the sign. They claim the injured person was distracted or careless. But California uses comparative negligence rules. Even if a victim shares some fault, they can still recover damages proportional to the property owner’s responsibility.

We’ve handled cases where store employees placed warning signs after the fall occurred, then claimed they were there all along. Surveillance footage proves otherwise. This is why documenting the scene immediately after an accident matters so much.

The Difference Between Warning and Prevention

Property owners have a duty to prevent hazards when possible, not just warn about them. If a restaurant consistently has slippery floors near the kitchen entrance, the answer isn’t permanent warning signs. The answer is fixing the flooring, using mats, or changing procedures.

Courts recognize that some hazards can and should be eliminated. Warning signs are meant for temporary conditions or unavoidable dangers, not ongoing problems that owners refuse to address.

Building Your Case

When we take on a slip and fall case involving inadequate warnings, we investigate thoroughly. We look at store policies, training records, and maintenance logs. We identify how long the hazard existed and whether employees knew about it. We examine the exact placement and visibility of any warning signs used.

The goal is to show that the property owner’s warning was insufficient or that they failed their broader duty to maintain safe conditions.

If you’ve been injured in a fall where warning signs were present but inadequate, don’t assume you have no case. The Santa Monica slip and fall lawyers at our firm can review the specific facts and help you understand your legal options. Property owners need to do more than check a box by placing a sign. They need to take reasonable steps to protect visitors, and we’re here to hold them accountable when they don’t

Get To Know Our Team


James V. Choulos, Esq.

James V. Choulos, Esq.

Founding Partner

Our founding partner, James V. Choulos, has been practicing law since 1990. A graduate of U.C. Berkeley and Santa Clara University, he combines legal knowledge with a personal, client-focused approach to representation.

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Victor Tsoi

Victor Tsoi, Esq.

Partner

Victor Tsoi earned his J.D. in 2011 from Thomas Jefferson School of Law in San Diego. With experience spanning personal injury, entertainment law, and business law, he’s committed to bringing a sense of calm to any legal storm.

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