Rainy Day Slip and Fall – Can You Recover?

Rainy Day Slip and Fall – Can You Recover?

Bodewell was recently able to obtain a significant settlement for a client who was the victim of a slip and fall accident in a restaurant on a rainy day. The case was unique in that the restaurant had placed slip-resistant floor mats in the entryway to the restaurant with the knowledge that the area might become slippery when wet.

Originally, the restaurant denied liability, arguing that our client had equal knowledge that the floor could be wet given the rainy conditions. However, statements from witnesses established that the floor mats had been placed so far away from the door, that patrons, including our client, were forced to step on the floor, which the restaurant knew could be wet. After we pointed out that restaurant had carelessly placed its own safety mechanism, the restaurant decided to settle the case for $250,000.00.

Why did the restaurant originally deny liability? In Georgia and Alabama, a premises owner’s liability for a dangerous or unsafe condition is predicated on the owner’s superior knowledge of that condition. When it’s raining or snowing, patrons are considered to have equal knowledge of the conditions and thus premises owners are often relieved from liability when a patron slips and falls as a result of a slippery condition caused by rainwater.

However, as was the case with the restaurant owner described above, when an owner knows rainwater may create slippery conditions and fails to take adequate precautions to prevent the dangerous condition from occurring, such as failing to place slip-resistant mats where patrons may easily step on them or failing to mop up excess water, the owner may be liable.

Rain or shine, if you have been injured in a slip and fall accident, gathering an understanding of the entire situation is crucial to proving liability on the part of the premises owner. Contact Bodewell Legal Group’s injury attorneys for a free consultation and let Bodewell investigate and pursue your claim today.

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