Why Water On the Floor Inside the Entrance of a Store May Not Be Actionable For a Slip and Fall

Slip and fall accidents are common in retail stores, especially near entrances where water is often tracked in during bad weather. Rain, snow, or slush brought in by customers can quickly create slippery conditions that pose a risk of injury. While these incidents can result in serious harm, not every slip and fall leads to a viable legal claim. In many cases, Illinois courts do not hold retail stores liable for naturally occurring conditions like water tracked in by customers, particularly when the hazard is both temporary and open and obvious.

Courts recognize that it is often unreasonable to expect store owners to eliminate these conditions entirely, especially during busy times or adverse weather. Instead, liability generally depends on whether the store took reasonable steps to mitigate the risk, such as placing mats or warning signs, and whether the store’s actions exacerbated the condition.

At John J. Malm & Associates, we regularly advise clients that simply slipping on water at the entrance of a store may not be enough to establish a premises liability case. Illinois courts frequently apply legal doctrines such as constructive notice and the open and obvious doctrine, which can make it difficult to hold stores accountable.

“Many slip and fall cases involving water at a store entrance are not actionable because Illinois law often considers these hazards to be temporary, open, and obvious. Unless the store aggravated the condition or failed to take reasonable precautions, these claims can be difficult to pursue.” — John J. Malm, Illinois premises liability attorney

Duty of Care in Premises Liability Cases

In Illinois, property owners, including retail stores, are required to maintain their premises in a reasonably safe condition for customers. This duty is imposed by the Illinois Premises Liability Act, which obligates stores to take reasonable measures to prevent foreseeable injuries. However, the law does not require absolute safety, and stores are not automatically liable for every slip and fall incident that occurs on their property.

While stores must act reasonably to prevent hazardous conditions, they are not expected to prevent every possible incident, especially when the hazard is a natural accumulation of water brought in by customers during rain or snow.

The Open and Obvious Doctrine

One of the strongest defenses retail stores use in slip and fall cases involving water is the open and obvious doctrine. Under this legal principle, property owners are typically not liable for injuries caused by conditions that are open and obvious to a reasonable person.

In Illinois, courts frequently apply this doctrine in cases where water is tracked into store entrances. If a puddle or wet floor near the entrance is something a reasonable customer would expect during inclement weather, the store may not be held liable.

Temporary Natural Conditions and Reasonable Care

Illinois courts also recognize that water accumulation near store entrances is a temporary natural condition that is difficult to avoid during certain weather conditions. In these situations, the key question is whether the store took reasonable steps to address the hazard, such as placing floor mats, posting wet floor signs, or cleaning up the water in a timely manner.

Stores are not required to guarantee that no water will accumulate near the entrance, but they must act reasonably. As long as the store takes reasonable precautions, courts are unlikely to find them liable for injuries caused by naturally accumulating water.

The Natural Accumulation Rule

Illinois also follows the natural accumulation rule, which generally protects property owners from liability for injuries caused by the natural accumulation of snow, ice, or water. If the water at the entrance of a store is the result of natural conditions, such as rain or snow tracked in by customers, stores are typically not held responsible unless they aggravated the condition.

Proving Negligence in Slip and Fall Cases Involving Water

While most slip and fall cases involving water tracked into store entrances are not actionable, there are exceptions. To succeed in these claims, a plaintiff must demonstrate that the store failed to take reasonable precautions or aggravated the condition.

Key Factors for Proving Negligence:

1. Failure to Place Mats or Signs: If a store fails to place floor mats or warning signs at the entrance, this could support a negligence claim.
2. Lack of Cleanup Efforts: If the store had a policy to clean up water but failed to follow it, this could be evidence of negligence.
3. Aggravating the Hazard: If the store made the condition worse, such as by allowing water to pool or not replacing soaked mats, liability may still arise.

How John J. Malm & Associates Can Help After a Slip and Fall Accident

At John J. Malm & Associates, we understand that most cases involving water tracked into store entrances during bad weather are difficult to pursue. However, we carefully investigate each case to determine if negligence exists. Our experienced Illinois slip and fall accident attorneys will review surveillance footage, analyze store policies, and gather evidence to determine whether the store acted reasonably in addressing the hazard. If the store failed to meet its duty of care, we will fight for your right to compensation.

If you’ve been injured in a slip and fall accident at a retail store in Illinois, contact John J. Malm & Associates for a free consultation. With offices in Naperville and St. Charles, we’re here to help you explore your legal options. Contact us today to discuss your case and let us protect your rights.