If a Texas Store Put Out a Yellow 'Wet Floor' Sign, Can You Still Sue for a Slip and Fall?
Direct Answer Under Texas Law
Normally, a landowner discharges its premises duty to an invitee either by making the condition reasonably safe OR by providing an 'adequate warning' (Henkel v. Norman, 441 S.W.3d 249 (Tex. 2014)). However, under Golden Corral Corp. v. Trigg, 443 S.W.3d 515 (Tex. App.—Beaumont 2014), placing a single yellow cone 20 feet away around a corner, or placing a 'Wet Floor' sign that fails to warn of an invisible grease slick extending far beyond the cone's area, is NOT an adequate warning as a matter of law!
Critical Texas Procedural Trap to Watch Out For
Store managers sometimes run out with a yellow 'Caution Wet Floor' cone 30 seconds AFTER a customer falls, set it next to the customer lying on the floor, and snap a photo to make it look like the cone was there before the fall!
Recommended Action Plan for Texas Claimants
Demand the continuous pre-fall CCTV video to prove whether the yellow cone was placed before or AFTER you hit the floor, and measure the exact distance from any cone to the slip point.
Detailed Texas Statutory & Case Law Breakdown
Under Texas Adequacy-of-Warning Standard and controlling Texas appellate precedent in Henkel v. Norman, 441 S.W.3d 249 (Tex. 2014); Golden Corral Corp. v. Trigg, 443 S.W.3d 515 (Tex. App.—Beaumont 2014), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Texas Adequacy-of-Warning Standard and how Texas courts apply Henkel v. Norman, 441 S.W.3d 249 (Tex. 2014); Golden Corral Corp. v. Trigg, 443 S.W.3d 515 (Tex. App.—Beaumont 2014) in your county's appellate district.
- Beware of the Texas Procedural Trap: Store managers sometimes run out with a yellow 'Caution Wet Floor' cone 30 seconds AFTER a customer falls, set it next to the customer lying on the floor, and snap a photo to make it look like the cone was there before the fall!
- Execute the Texas Action Plan: Demand the continuous pre-fall CCTV video to prove whether the yellow cone was placed before or AFTER you hit the floor, and measure the exact distance from any cone to the slip point.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
If a Texas Store Put Out a Yellow 'Wet Floor' Sign, Can You Still Sue for a Slip and Fall?
Normally, a landowner discharges its premises duty to an invitee either by making the condition reasonably safe OR by providing an 'adequate warning' (Henkel v. Norman, 441 S.W.3d 249 (Tex. 2014)). However, under Golden Corral Corp. v. Trigg, 443 S.W.3d 515 (Tex. App.—Beaumont 2014), placing a single yellow cone 20 feet away around a corner, or placing a 'Wet Floor' sign that fails to warn of an invisible grease slick extending far beyond the cone's area, is NOT an adequate warning as a matter of law! Key Texas Trap to Avoid: Store managers sometimes run out with a yellow 'Caution Wet Floor' cone 30 seconds AFTER a customer falls, set it next to the customer lying on the floor, and snap a photo to make it look like the cone was there before the fall!
What Texas statute and Supreme Court / appellate precedent control do 'wet floor' signs block a texas lawsuit??
This question is governed in Texas by Texas Adequacy-of-Warning Standard and the legal standards articulated in Henkel v. Norman, 441 S.W.3d 249 (Tex. 2014); Golden Corral Corp. v. Trigg, 443 S.W.3d 515 (Tex. App.—Beaumont 2014). Recommended step: Demand the continuous pre-fall CCTV video to prove whether the yellow cone was placed before or AFTER you hit the floor, and measure the exact distance from any cone to the slip point.
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