No, wet floor cones do not automatically defeat your slip and fall claim in Joliet. While property owners often believe that placing a warning cone protects them from liability, Illinois law requires more than just posting a sign. Property owners must maintain safe premises, provide adequate warnings, and take reasonable steps to prevent accidents.
If you slipped and fell in Joliet despite a wet floor cone being present, you may still have a valid claim. A Joliet slip and fall accident lawyer can investigate whether the warning was sufficient, whether the hazard should have been eliminated, and whether the property owner met their legal duty of care.
The Legal Standard for Premises Liability in Illinois
Property owners in Illinois have a legal duty to keep their premises reasonably safe for visitors. Under Illinois premises liability law, owners must inspect their property regularly, repair known hazards, and warn visitors about dangers that cannot be immediately fixed. Simply placing a wet floor cone does not automatically satisfy these requirements.
To prove negligence in a slip and fall case, you must show that the property owner knew or should have known about the hazard, that they failed to address it properly, and that this failure caused your injuries.
The presence of a warning cone is just one factor courts consider when determining whether the owner acted reasonably. A warning sign does not excuse a property owner from taking action to fix the problem or making the warning adequate for the circumstances.
Why Wet Floor Cones May Not Protect Property Owners
Even when a wet floor cone is present, property owners may still be liable if they failed to take other necessary precautions. Courts examine whether the warning was adequate, whether it was placed properly, and whether the hazard could have been eliminated instead of simply marked.
Warning cones may not defeat your Joliet slip and fall accident claim in several common situations:
- The cone was placed too far from the actual hazard or in a location where visitors could not see it before entering the dangerous area
- The hazard existed for an unreasonably long time without being cleaned up or properly addressed
- The lighting was inadequate, making it difficult to see the cone or the wet floor
- The cone was knocked over, moved, or obscured by other objects
- Multiple hazards were present, but only some were marked with warning signs
- The spill or wet area was excessively large, making a single cone insufficient
Property owners cannot simply place a cone and walk away. They must monitor the situation, ensure the warning remains visible, and work to eliminate the hazard as quickly as possible.
When Property Owners Have Actually Met Their Duty
In some cases, a wet floor cone in a Joliet slip and fall accident, combined with other safety measures, may show that a property owner acted reasonably. Courts look at all of the circumstances when deciding whether adequate warning was provided.
A property owner may have fulfilled their duty of care if they placed multiple highly visible cones around the entire hazard area, posted warning signs at eye level, actively worked to clean up or repair the hazard, stationed an employee nearby to redirect foot traffic, provided an alternative safe route for visitors, and addressed the problem within a reasonable timeframe.
However, even when these measures are taken, you may still have a claim if the hazard should have been prevented in the first place or if the property owner’s response was not fast enough. The question is not just whether a cone was present, but whether the property owner did everything reasonable under the circumstances to protect visitors from harm.
Common Defenses Property Owners Use
Insurance adjusters often claim you should have seen the cone, that the warning was obvious and adequate, that you were not paying attention to where you were walking, or that you assumed the risk by proceeding despite the warning.
These arguments attempt to shift blame onto you rather than holding the property owner responsible. However, Illinois law does not require you to be perfect. You simply need to show that you acted reasonably and that the property owner failed to meet their duty of care.
Contact Charlie Therman for Help With Your Joliet Slip and Fall Claim
Do not let a wet floor cone stop you from seeking the compensation you deserve. At Charlie Therman Injury & Accident Lawyers, P.C., we have the experience and insider knowledge to challenge property owner defenses and fight for your rights. Our family-oriented firm treats every client with respect and personal attention, not as just another case number.
If you slipped and fell in Joliet, we want to hear your story. Contact us today for a free consultation to discuss your accident and learn how we can help. Even if there was a wet floor cone, you may still have a Joliet slip and fall accident claim.
