Bicycle injury accident with car

Sacramento & San Joaquin County a Leader in Bicycle Related Injury and Death

Despite all of the bicycle lanes and protected areas for cyclists to travel on, bicyclist injury rates increased by 21% from 28.4 (2007) to 34.4 per 100,000 residents (2013). The California Department of Public Health reports that the number of bicycle related accidents and deaths are on the rise. The number one leading cause of the rise in bicycle related injuries and death involves motor vehicles.

There are many reasons why someone would choose to commute by bicycle. In parts of Sacramento, it is easier to commute by bike than it is to own a car and find reasonable parking for it. Bike share services are a popular choice in Sacramento as well. In Modesto and Stockton, it is an enjoyable recreation shared by many as bike paths and bike lanes continue to be implemented throughout the cities.

With that said, the most common contributor to a bicycle accident is a motor vehicle. There are several ways you could be in a bicycle accident while cycling in Sacramento, Stockton, or Modesto, some of which include:

  • Distracted Driving: Accidents resulting from a distracted driver are on the rise. Drivers have more distractions in the vehicle these days especially if they are prone to texting or checking email while driving. Distracted drivers are less likely to spot cyclists in time to avoid collisions.
  • Drunk or Under the influence Driving: Marijuana, prescription medications and alcohol impair the ability to operate a motor vehicle. Impared drivers cause bicycle accidents because the impairing agent affects their ability to respond quickly and remain focused.
  • Poor Visibility: Motorists are more likely to hit a cyclist in areas with poor visibility such as entry and exit points of buildings or parking areas. Poor lighting is also a major contributor to accidents.
  • Turning at intersections: A right-hook accident occurs when a vehicle makes a right turn in front of a cyclist who was traveling in a straight line. It is easy for a cyclist to end up in the drivers blind spot making the driver assume they are clear to turn. A left-hook accident can occur when a driver makes a left turn in front of a cyclist at an intersection.

We Can Help!

Curtis Legal Group fights for injured victims and families of vehicle related injury accidents. Our team is committed to helping our clients seek a full recovery from their damages including any lost wages or future earnings. To discuss your case and rights with one of our attorneys, call our Sacramento, Stockton, or Modesto office at 1(800) LAW-3080.

Sources:

http://bit.ly/cdphbikeaccidents
https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812507
https://www.nhtsa.gov/road-safety/bicycle-safety

10 Car Accident Injury Claim Myths Debunked

10 Car Accident Injury Claim Myths Debunked

Just about everyone has some preconceived beliefs about how car accident injury claims are handled. Most of us have heard bits and pieces of the experiences of friends and family. No single claims process is the same. Part of our job at Curtis Legal Group is to make sure our clients are informed throughout the process which means educating them on what to expect. Over time, we have come up with 10 common car accident injury claim myths and today we plan to debunk them.

1. I Can Handle My Claim Myself. The Insurance Company Will Be Fair

Insurance companies are not in business to be fair. They are in business to make money. They do that by paying as little as possible for claims, such as yours. To get the maximum recovery, you need an experienced personal injury attorney who knows how to negotiate with insurance companies and can take them to court if necessary.

2. My Family Lawyer Can Handle My Case

You may have a family lawyer who handled a will or business deal for you in the past. You may even have a lawyer in the family. There is a reason why personal injury attorneys specialize in this area of practice rather than practicing other areas of law. Personal injury attorneys emphasize only one area of legal practice: recovering compensation for people injured by the fault of others. At Curtis Legal Group, we get paid if our clients get paid and we don’t charge by the hour.

3. I Didn’t Get Hurt Too Badly So I Don’t Need A Lawyer

You don’t have to hire a lawyer, but choosing not to consult a personal injury attorney, even when you were not badly injured, will leave you dealing with the insurance company yourself. It will most likely be difficult for you to navigate through this complex area of law and reach a reasonable settlement of your case without the assistance of an attorney with personal injury experience.

4. I’ll Have to Go To Court

Most cases settle out of court. In fact, only about 2% of civil suits are tried in court. Trials are risky and time-consuming, and can be expensive for both sides. If you can get fair compensation for your injuries outside of court, it is usually in the best interest of both parties to negotiate a settlement before taking the case to trial.

5. I Will Need Money To Pay My Attorney To Pursue My Case

Many people believe that personal injury attorneys require payment in advance. While in most areas of legal practice this is true, it is not true for many personal injury law firms such as Curtis Legal Group. We operate on a contingency fee basis, which means, “We Don’t Get Paid Unless You Do!”

6. There’s No Hurry, I Can Wait Before Consulting A Lawyer

All states have what is known as a statute of limitations. This provides accident victims a window of opportunity to make a claim. Once that expires, you lose this chance forever. This means that it is important to seek the advice of a personal injury attorney as soon as possible especially if you are facing medical expenses and/or time off work. Also, the sooner an attorney can start working on your case, the sooner he or she can collect evidence that will help your case be successful.

7. Personal Injury Lawsuits Are Wrong

This is a huge myth. Some people may think we live in a society where everybody is too eager to sue each other, but we also live at a time when insurance companies are trying harder to avoid paying for legitimate damages caused by the fault of the person they insure. It is important to protect yourself and your family by seeking proper counsel so that you can be fairly compensated.

8. Injury Claims Take Too Long

Each case is unique and there have been cases that have taken many years to reach a conclusion. However, most cases are settled much sooner than that. It is impossible to promise a specific time frame, but we work hard to make sure your recovery comes as soon as possible.

9. I Might Have Been Partially At Fault

Just because you may be partially at fault does not mean you can’t receive any compensation for your injuries. Cases where more than one party is at fault are more complicated because it must be determined how much liability falls on each party, but you still may be entitled to recover money damages even if you were partially at fault in causing the accident. The amount of recoverable damages will depend on the extent of the losses you suffered and your comparative fault in causing the accident. Don’t assume that you won’t be able to recover money damages. Talk to an attorney first.

10. My Medical Insurance Will Cover All Treatment for My Injuries

Depending on your medical insurance provider, they may pay for a portion of the cost of your medical treatment. How much they will pay depends on too many factors to go over here. However, there are common expenses you may still incur such as deductibles and copays. Your lawyer should work to make sure you get reimbursed for any out of pocket health care expenses you have paid, as part of the settlement of your case.

Car Accident Myths Busted!

We hope this article helped debunk some of the myths you may have heard about personal injury claims. If you have been involved in an accident, give us a call at 1 (800) LAW-3080. Remember that We Don’t Get Paid Unless You Do. The only risk is not speaking to an attorney.

10 Things To Do If Involved In A Car Accident

10 Things To Do If Involved In A Car Accident

A car accident is unexpected and happens fast. The chaos of the moment makes it easy to forget what to do when you find yourself in a car accident. This list of 10 things to do if involved in a car accident will help you remember what to do should you find yourself in this situation. One of the leading causes of an unsuccessful case is not having enough information. Feel free to print this out and keep it in your car.

It is important to note that if there are any injuries resulting from the car accident, make sure you cal 9-1-1. Your safety and the safety of others is most important.

1. Get to a position of safety
If you are able to do so, immediately move to a position where you will be safe from any further accidents.  Assist anyone in your vehicle to do so as well. Evaluate the scene and decide if you are able to assist anyone else.

2. Call 911
Ask for assistance from law enforcement.  Request emergency medical attention if necessary

3. Check yourself and others around you
Evaluate your injuries and those of any occupants of your vehicle as well as other vehicles.  Take reasonable precautions such as sitting/lying down, applying pressure to any bleeding, etc. while you await emergency personnel.

4. Identify and talk to witnesses
If you are able to do so, identify any witnesses and get their contact information.  Listen to what they say but do not talk to them about your impressions of how the accident happened.  Leave those comments for the police.

5. Think before you talk
Reflect on what you are going to say before talking to the police.  Be truthful and as detailed as possible. If you don’t know or remember something, say so. Don’t make conclusions based on matters not actually seen or heard by you.

6. Take pictures with your phone
If possible, take pictures of all of the vehicles with your smartphone or camera before they are moved.  If your vehicle is a hazard to other vehicles, however, move it off the road if that can be done safely, then take pictures. 

7. Exchange information
Exchange insurance information with other drivers but don’t talk to them about your impressions of how the accident happened.

8. Report the Accident to your Insurance Company
As soon as possible, report the accident to your insurance company.

9. See a Medical Professional
Get medical attention promptly, even if you think your injuries are minor.  Often, injuries are not painful until hours after an accident. Also, you may have internal injuries you are not immediately aware of. Depending on your assessment of your injuries, seek an ambulance to a hospital, get a ride to an emergency room or urgent care or see your primary care doctor.

10. Protect Your Legal Rights
Seek advice from an attorney.  An attorney can be much more effective in assisting you if he/she gets involved with your case early. By all means, talk to an attorney before talking to a representative of the other driver’s insurance company.  They will only try to get information from you that they can later use against you.

We hope this list helps you or someone you care about should they be involved in a car accident. 77% of us will be involved in a car accident in our lifetime which means we all need to protect ourselves.

Jump Electric Scooters now in Sacramento

Before You Jump on an Electric Scooter in Sacramento

Jump Electric Scooters from Uber have hit the streets of Sacramento. Last month, we shared on the topic of Electric Scooter Safety and Liability on our blog.

We at Curtis Legal Group understand the laws and liabilities with riding electric scooters in Sacramento to best assist those involved in an Electric Scooter Accident.

Last week, a company owned by Uber named Jump, dropped off 100 Electric Scooters around Sacramento and West Sacramento areas. Jump already had a presence in Sacramento with their bicycle rentals. A Jump Electric Scooter can be rented through a mobile app for $0.15 per minute or $9.00 per hour currently. The electric scooters are an answer to busy streets that often take a lot of time to travel short distances in a car.

Before you Jump on an Electric Scooter to get around Sacramento, here are a few things you should know.

  1. You must be 18-years-old to ride a Jump Electric Scooter in Sacramento.
  2. Jump requires you to wear a helmet.
  3. You can get a DUI if under the influence of alcohol while riding.
  4. No riding on sidewalks unless you are safely entering or exiting a nearby property.
  5. You must obey all traffic laws.
  6. Electric scooters are only allowed on streets with a speed limit of 25 mph, unless operated in a Class II bike lane or Class IV bikeway.

Jump Electric Scooters are new but it is important you inspect the scooter before riding. A damaged scooter could malfunction while you are riding it causing injury.

To learn more about who is liable in an electric scooter accident in Sacramento, check out our recent blog (LINK to Blog).

Have you been involved in an Electric Scooter Related Accident? Call us today at 1(800) LAW-3080 or contact us online to schedule a consultation.

Staying Safe While Riding a Hoverboard

Staying Safe on a Hoverboard Electric Scooter

Made popular about four years ago, the Hoverboard is a self-balancing rideable device similar to an electric scooter that is a lot of fun to cruise around on. You’ve probably seen a kid riding down the street on what looks like a sideways skateboard. These electronic devices have two electric motors, a battery, and an onboard computer that helps them maintain balance with a rider on board. The idea of the Hoverboard was made popular in the movie “Back to the Future” where Marty McFly hovers around on a skateboard that appears to be floating. The Hoverboard we see today is also known as a Self-Balancing Motorized Scooter.

Watching someone cruise by on a Hoverboard is an eye-catching experience. It looks as if the rider is standing still, yet they are moving. The Hoverboard is small and is no higher than the riders shoes making it hard for motorists to tell that the rider is moving. There are many risks here because motorists typically look for a pedestrian’s legs to be moving when walking. This could confuse a motorist and cause them to pull out in front of a Hoverboard rider. The risk increases because stopping quickly becomes challenging on a Hoverboard. To slow down, you have to lean back. If the rider of a Hoverboard leans back hard to slow down fast, the Hoverboard could shoot out from under them causing the rider to fall to the ground. Imagine this happening in the crosswalk of a busy street.

You often find young kids riding on Hoverboards which is risky because the motor skills and the ability to react quickly is not fully developed in children. Hoverboards can reach up to 13 MPH depending on the model.

Though the sale of Hoverboards slumped a bit after the news that they were catching fire while charging, the sales picked back up quite a bit for Christmas of 2018. You will likely start to see children on Hoverboards again in your neighborhood.

Tips to Stay Safe on a Hoverboard:

  1. Always be aware of your surroundings: Kids are using their Hoverboards to ride around town and through neighborhoods. The law states that self-propelled motorized rideable devices belong in the bicycle lane, but that is probably not the safest place for a Hoverboard. Riding a Hoverboard in a bicycle lane or on the sidewalk of a busy street is risky because at any time the rider could fall into street traffic. We recommend using your Hoverboard in a safe place away from traffic.
  2. Always Wear a Helmet: It is quite easy to fall off of a Hoverboard. Though it does a good job at keeping you balanced, you can fall. You can fall backwards which could result in a head injury when the back of your head hits a hard surface. Wearing a helmet will limit the potential of such an injury.
  3. Don’t Let Others Ride Your Hoverboard: If you talk to someone with a Hoverboard, chances are they will offer you to try it. Sharing is Caring but if you let someone ride your Hoverboard and they hurt themselves, you are opening yourself up to unnecessary risk.
  4. Don’t Over Charge Your Hoverboard: Hoverboards are mass produced in factories overseas. The quality control on these devices has been questionable and there have been multiple reports of fires due to overcharging of Hoverboards. This happens because the charging device overheats and causes a battery fire. This can be very dangerous especially if it happens overnight while your family is asleep. Find out how long your Hoverboard is supposed to take to charge and set a timer so you can unplug the charger at the end of the charge cycle.

Who is Liable in a Hoverboard Accident?

There are many differentiating factors when determining who is at fault in a Hoverboard accident. If you were involved in a Hoverboard related accident which resulted in an injury, we would like to hear your case. Whether you were hit by a car while riding your Hoverboard or believe your accident was caused by a malfunction of the Hoverboard itself, you may be able to receive compensation for medical bills, loss of income, and pain and suffering caused by the accident.

Curtis Legal Group has experience in cases involving rideable devices and alternative modes of transportation. Please call us today at 1(800) LAW-3080 to share the details of your Hoverboard related accident with us. We are here to help!

Bird & Lime Electric Scooter Accident Risks - Who Is Liable?

Bird & Lime Electric Scooter Accident Risks – Who Is Liable?

The e-scooter (Electric Scooter) revolution is about to hit Sacramento and the Central Valley.  If you have recently visited cities, such as Washington D.C. or San Jose, CA, then you know about this new phenomenon.  From your smartphone, you can locate and electronically pay for a motorized scooter, which you will find in various city locations provided by Electric Scooter Rental Companies such as Lime and Bird. You hop on one of these electric scooters and off you go through the city streets. You can stop for some coffee and then scoot to your next destination.  

When you are finished riding, you can simply drop off the scooter at any location where it won’t create a hazard for pedestrians and other vehicles.  The City of Sacramento allows e-scooters but requires that parking racks be provided by the electric scooter rental companies. These companies are working to get the motorized scooters on the streets.  Some cities don’t require racks, and patrons simply drop off the scooter in the middle of sidewalks leaving a hazard in the walkway. This leaves many people wondering who is liable in an electric scooter accident.

There are some other limits to your operation of these scooters.  You cannot drive these scooters on roads with speed limits over 25 mph unless ridden within a class II bicycle lane.  Also, some cities and States require that e-scooter drivers be of a certain minimum age.  California requires that the driver be 16 years of age. However, Los Angeles requires that the driver be at least 18 years of age.  In fact, the drivers are required to have a motor vehicle driver license or permit, however, the smartphone app does not require users to verify having a valid drivers license.

Interestingly, California recently changed the helmet laws affecting scooter operators.  Adults are no longer required to wear a helmet but persons 17 years of age are and younger are required to do so.

So who is liable when a scooter driver runs down a pedestrian or leaves a scooter in the middle of a sidewalk hindering safe passage? Who will pay for the scooter driver’s mistakes when the scooter driver injures someone?  If the scooter rider is injured while appropriately riding the electric scooter, who is at fault?  The e-scooter company may bear liability if it fails to comply with the municipal law by, for example, failing to install parking racks. Yet, the scooter driver will likely be the one held most responsible for mistakes parking and/or operating a scooter.  

Automobile insurance pays for accidents involving cars so automobile insurance is not likely to ensure the scooter driver.  A homeowners’ policy or renters’ insurance policy may provide liability coverage for such incidents so long as there are no exclusions.   It is not clear whether these policies will pay for damage to the scooter.

Parents of minors need to be especially aware of this e-scooter phenomenon.  After all, parents of minors are responsible for a minor’s negligent conduct that injures or damages another person pursuant to California Civil Code section 1714.1.  These damages are limited to hospital, medical and dental expenses totaling $42,100.00.

We here at Curtis Legal Group want you to be safe. Even though adults are not required to wear a helmet when operating a motorized scooter, adults should, nevertheless, wear a helmet.  Also, you should check your homeowners’ policy and renters’ insurance policy to ensure that you have liability coverage in case you make a mistake and injure another person. Medical bills, wage loss and pain and suffering damages can be expensive.  You will want to have insurance when you pick up that motorized scooter and scoot your way to the nearest coffee shop.

The Risk of Uninsured Uber and Lyft Drivers

The Risk of Uninsured Uber and Lyft Drivers

What happens if your Uber or Lyft Driver gets in a car accident while logged out of the app? Will Uber or Lyft cover your injuries, or will the drivers personal insurance coverage kick in?

You are traveling in downtown Sacramento and standing at the corner of Capitol Mall and 10th Street. You open up your Uber or Lyft app, and follow as your driver makes his/her way to your location. The driver shows up, and you are relieved to find that you have a ride so that you can tour the streets of Sacramento. You then ask the driver if he would be so kind to drive you to the Capitol building, Sutter’s Fort and Old Sacramento. The driver explains that he can only drive you to one of these locations and that you will then have to request another ride. You are concerned that you will have difficulty getting another ride, and you don’t know how long you will need to tour all the sites.

The driver then offers to turn off the app, and says you can pay him directly. He will then take you to all the sites that Sacramento has to offer and wait for you at each site. You agree to his proposal. After all, the driver has provided you a great convenience, and you believe that the driver’s conduct doesn’t affect you. His actions may trigger employment issues with Uber or Lyft, but these issues don’t concern you. Well, the driver’s actions actually do affect you and the public.

Under California law, Uber and Lyft are required to provide $1,000,000.00 of liability coverage per accident and $1,000,000.00 of uninsured motorist coverage per accident. Coverage limits of $1,000,000.00 covers the Uber or Lyft driver if he is at fault for causing injuries to others. $1,000,000.00 of uninsured motorist coverage covers the Uber driver and his or her passengers if any one of them, or all of them, are injured due to the fault of an uninsured motorist.

However, if the driver closes the app while driving you around the historical sites of Sacramento, then the driver has only his personal auto insurance’s liability and uninsured motorist coverage available to you should a motor vehicle accident occur. Yet, the driver may not have insurance coverage at all. Uber and Lyft are not required to provide liability coverage and uninsured motorist coverage when a driver is logged off its program, and personal auto insurance rarely covers an at-fault driver if the driver is operating a motor vehicle for a fee while causing an accident.

An Uber or Lyft driver can get a public passenger endorsement to his personal auto policy in order to have coverage for driving passengers outside the program they are driving for. However, these endorsements can be expensive. As a result, there is a good chance that you are riding in an uninsured motor vehicle. Is it worth the risk that you may have limited recourse for injuries suffered in an auto accident?

It is best for all concerned that you don’t ride with an Uber or Lyft driver that is logged off of the app. We, here, at Curtis Legal Group want to keep you safe, not only as a driver but as a passenger as well.

hydrate to stay safe

Stay Hydrated to Stay Safe

Could a thirsty driver be dangerous?

It’s a hot summer day in Sacramento. The sun is beating down, a hot breeze is blowing. You’re out in the yard, mowing the lawn and pruning some bushes. You’re perspiring. You’ve been at it for quite a while and haven’t stopped for a drink of water.

You decide it’s time to quit when you start feeling a little light-headed. Surely that will clear up once you go indoors, right?

You then remember you need to run across town to pick up some things for a family get together that evening. You jump in the car; you’ll get that bottle of water when you get back.

As you drive, that dizzy sensation doesn’t go away. In fact, it starts getting worse but you press on. Suddenly, blackness closes in and you lose consciousness. Your car veers into the oncoming lane and crashes into another vehicle. There are multiple injuries, including to yourself.

Does this sound like it could happen? It absolutely could happen and, in fact, has happened in cases Curtis Legal Group has handled.

Dehydration can easily occur in the summer heat we experience in Sacramento, Stockton and Modesto and dehydration can lead to fainting. A decrease in bodily fluids can result in a drop in blood pressure, which can cause a momentary loss of consciousness. If you are driving a car when that happens, an accident is likely to occur. If you are unlucky enough to be in heavy traffic or on the freeway when that happens, serious injuries can result.

If you are hit by someone who loses consciousness because of dehydration, are they responsible for the damages you suffer? Most people that live in the central valley know that we have to keep hydrated, especially in the summer months. Also, as in the example above, there may be some advance warning signs that something is not right, such as a feeling of light-headedness. If a person knows they haven’t been drinking water and they feel a bit dizzy while driving, they should pull over and get some fluids into their body. If they fail to do that and, instead, press on as in the example, they likely will be responsible for the damage they cause as a result.

Stay hydrated and stay safe!

Do You Believe in Pain and Suffering Damages? Some Don't!

Do You Believe in Pain and Suffering Damages? Some Don’t!

Do you believe in pain and suffering damages?

When our firm takes a personal injury case to trial in some counties like Stanislaus, San Joaquin or Sacramento, it is so important that our attorneys ask prospective jurors whether they believe in pain and suffering damages. If they don’t, then we must do what we can to protect our clients for that juror will not likely be a fair juror.

In California, if a victim suffers injury due to the fault of another, then he or she is entitled to pain and suffering damages. Pain and suffering damages mean those monetary damages that are reasonable and necessary to compensate an injured person for the physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation and emotional distress suffered as a result of an accident.

Believe it or not, some people don’t believe that injury victims should be awarded these damages. These damages do not result in loss of actual money, such as medical bills and loss of wages, and these damages can’t always be seen unless the injured victim is disfigured. In other words, pain and mental distress can be invisible.

However, we all know that pain and mental distress may not be seen by others but the injuries are real to those who are suffering them.

Yet, time after time, prospective jurors tell trial attorneys that they just don’t believe in awarding such damages. These damages are viewed as a windfall to the injured victim. The victim is somehow getting more than he or she deserves.

Judges will attempt to get a prospective juror to agree to abide by the law and award the damages, but it is extremely risky for an injured victim’s attorney to be left with this juror on the jury. In California 9 out of 12 jurors need to award pain and suffering damages so a prospective juror that doesn’t believe in pain and suffering damages is likely to minimize the damage award even if he or she follows the judge’s instructions.

That is why you need a law firm to fight for you if you are injured through the fault of others. At Curtis Legal Group, we spend time developing good strategies to deal with prospective jurors who don’t believe in pain and suffering damages.

Slip and Fall Sign in Sacramento Business

Mind The Caution Floor Sign!

Have you ever walked into Sacramento’s Arden Fair Mall and noticed yellow or orange, wet-floor caution signs positioned throughout the mall. Lately, we have noticed that more and more restaurants, theaters, coffee shops, grocery stores and shopping malls are placing wet floor caution signs in different locations. They are usually near the restrooms but are frequently elsewhere as well. As a result, the wet floor caution signs are becoming part of many store’s furniture ensembles and are often left out for extended periods of time. As a result, the floor space near the wet floor caution sign does not always look wet and therefore, patrons are generally ignoring the signs; that is human nature.

In fact, we were recently in a Modesto coffee shop and a customer line formed around a wet floor caution sign. None of the customers seemed to acknowledge the wet floor sign. It was as if it did not exist. They walked to the side of it and right up against it. Should these customers have been concerned that a wet floor caution sign was posted near them? Should they have walked slowly and carefully around the sign or left the area?

Evidently, some Sacramento, Stockton, and Modesto businesses have now decided that it is best to simply post wet floor caution signs throughout their premises–even leaving them posted for the entire business day. In that way, a customer can’t complain that the store failed to give them notice of a wet floor condition. After all, someone will eventually spill a drink on the floor, or an employee will eventually mop the floor. The floor will, indeed, eventually get wet. Yet, if the floor is not wet when a caution sign is posted, should the property owner or tenant still post a caution sign?

In California, one who owns and/or controls real property is responsible to those injured on his or her property for dangerous conditions causing the claimed injury. The property owner is responsible for such dangerous conditions if he or she knows about the dangerous condition or should have known about it. In that light, the law requires that property owners conduct reasonable inspections of their property. Businesses, such as grocery stores, may be required to inspect their premises more often than other business operations given the likelihood of food, liquids and other store products landing on their floors. The scope and timing of such inspections depend on industry standards.

The property owner can be relieved of this liability if he or she fixes the dangerous condition, protects patrons or adequately warns. Is a business adequately warning a customer when it leaves its wet floor caution signs up all day? Indeed, if the wet floor caution sign remains posted, even when the floor is dry, then those customers who regularly frequent the business will become immune to the sign’s effect. Why take the sign seriously if it is posted when the floor is dry?

It is true that businesses do need to warn of areas where water or liquids are likely to spill but businesses should be careful to ensure that their caution signs do not become a permanent fixture. A property owner’s goal should be to protect and warn customers–not to simply avoid being held liable for injuries.

At Curtis Legal Group, we thoroughly investigate whether a property owner has provided an adequate warning in order to escape liability for a dangerous floor condition. Just because a wet floor caution sign is up doesn’t mean the property owner adequately warned the injured victim. Each case is different and requires a thorough analysis.