“Wet Floor” Signs as Legal Shields – And When That Doesn’t Work

How Stores Use These Warnings – And When They Fail.

You slipped in a Kroger, Target, or Walmart in Dallas and saw one of those familiar yellow signs nearby. You’re probably wondering: Do I still have a case?

Many people assume that if a store posts a “Wet Floor” sign, it’s game over for any lawsuit. But in Texas, it’s not that simple. A plastic warning doesn’t automatically shield a business from liability – and in some cases, it doesn’t protect them at all.

This article walks you through exactly what matters: how Texas law views wet floor warning signs, when courts say they work (and when they don’t), and whether your slip and fall might qualify as negligence. We’ll cover real legal cases, show you how to strengthen your claim, and explain why even a visible sign might not be enough to stop you from winning in court.

Why Stores Use Wet Floor Signs

Businesses post these signs for two reasons: safety and legal protection. From grocery stores to big-box chains like Walmart, managers are trained to respond to spills or mopped floors with a highly visible warning. Not only do these signs alert customers to possible danger, but they also document that the store “did something” to address the issue.

Most retail stores in Dallas follow a standard protocol: identify the spill, post a warning, and either clean the area or alert cleaning staff. But simply posting a sign doesn’t complete their legal duty. That’s where many stores make costly mistakes.

Texas Premises Liability Basics

In Texas, premises liability law determines how responsible a property owner is when someone gets hurt on their property. Under Texas Civil Practice and Remedies Code § 75.002, store owners owe “invitees” (i.e., customers) a duty to use ordinary care to keep the premises reasonably safe.

This legal obligation includes:

• Fixing known hazards promptly
• Inspecting the property regularly
• Warning customers about dangers that aren’t yet resolved

Warning signs can satisfy the last point, but only if they’re timely and visible. A wet floor sign placed too far away, turned the wrong direction, or set up after a fall can be worse than no sign at all. Courts examine the entire timeline of events, not just the presence of a plastic triangle.

Do Wet Floor Signs Block Lawsuits in Texas?

This is where things get tricky. A wet floor sign might reduce a store’s liability, but it doesn’t eliminate it.

In Texas, courts consider several factors to determine whether the sign counts as a valid warning:

• Was it placed before the incident?
• Could a reasonable person see it clearly?
• Was it positioned close enough to the actual hazard?
• Did staff respond appropriately to the danger?

If the answer to any of those questions is “no,” then the sign likely won’t help the business. A jury may view it as an afterthought – or worse, a weak attempt to dodge responsibility.

Actual or Constructive Knowledge of the Hazard

One of the most important elements in a premises liability case is proving that the business knew (or should have known) about the hazard. This is called “actual or constructive knowledge.”

• Actual knowledge means a store employee saw or created the spill.
• Constructive knowledge means the hazard existed long enough that staff should have discovered it through routine inspection.

For example, if a puddle from a leaking cooler was left for 30 minutes without attention, a court might find that the store had constructive knowledge and should have addressed it. This distinction became central in the 2025 Texas Supreme Court case Albertsons, LLC v. Mohammadi.

When Signs Don’t Protect Stores

Even with signs, stores in the Dallas area have faced liability when their actions fell short. Imagine a scenario in a busy Walmart where a sign is placed several feet from the actual spill, or one blocked by shopping carts. In cases like these, the courts may find that the warning wasn’t sufficient.

Other common missteps include:

• Signs placed after the fall
• Poor lighting that makes signs hard to see
• Signage used instead of actual cleanup
• Failure to monitor or inspect areas regularly

In one case, surveillance footage showed employees walking past a spill for 20 minutes. Despite placing a sign, the court found the store negligent because it failed to act promptly.

What Injured Shoppers in Texas Should Do

If you slip and fall in a store, even if you saw a warning sign, you may still have legal options. What you do immediately after the accident is crucial:

1. Document the scene: Use your phone to take photos of the floor, the sign, and surrounding conditions.
2. Get witness info: Ask others nearby what they saw and get their names.
3. Report it: Notify a manager and request a written report.
4. See a doctor: Some injuries take hours or days to become apparent.
5. Speak with a Texas attorney: Local lawyers know how to assess whether the store met its legal obligations.

Do Verbal Warnings Hold Up Like Wet Floor Signs?

Most businesses rely on physical signage, especially wet floor signs, to alert customers of temporary hazards. But what happens if an employee or property owner simply tells someone to be careful instead?

In Texas, courts have addressed this issue directly. While verbal warnings can count as legal notice, their effectiveness depends on the context and clarity of the warning. In Norman v. Henkel (PDF), a homeowner told a mail carrier, “Don’t slip,” before he stepped onto an icy sidewalk. The Texas Supreme Court ruled that this statement was enough to meet the legal standard for warning because the danger was obvious and the warning was clear.

However, in a commercial setting like a grocery store or retail chain, verbal warnings alone may not be sufficient. Here’s why:

• Verbal warnings are fleeting and often not witnessed or recorded.
• Customers may not hear the warning or recognize it as serious.
• Businesses are held to higher standards of care than private homeowners.

For example, if a store employee says “watch your step” while walking away from a spill but doesn’t post a sign or address the hazard, the warning could be challenged in court. Judges often consider whether a reasonable person would have been adequately alerted; signs, by their nature, are persistent and visible, which gives them more legal weight.

Best Practice for Businesses: Combine verbal warnings with proper signage and fast cleanup. Relying solely on spoken words is risky and may not protect the business from liability.

When Is a Slip-and-Fall Lawsuit Likely to Succeed in Texas?

Scenario	Lawsuit Worthy?	Reasoning
A customer slips on spilled juice at Kroger; no sign was ever posted.	✅ Yes	The store failed to warn or clean up, and likely had constructive knowledge due to high foot traffic.
A Walmart employee places a wet floor sign 15 feet from a spill, partially hidden behind boxes.	✅ Yes	Inadequate placement makes the warning ineffective; sign was not reasonably visible.
A shopper falls on rainwater tracked into the entryway at H-E-B; signs were posted at all doors.	❌ No	Store took reasonable precautions by placing warnings near the known hazard.
A spill occurs and is cleaned within 30 seconds, but someone slips during that time.	❌ No	The store likely did not have enough time to respond or warn; courts may not find negligence.
A child spills milk at Target; staff never notice or address it.	✅ Yes	Failure to inspect or respond can constitute constructive knowledge of a hazardous condition.
A customer ignores a wet floor sign and runs down the aisle, slipping.	❌ No	The store warned of the danger; customer behavior contributed significantly to the injury.
An employee verbally says “Careful, it’s wet,” but there’s no visible sign; the customer slips.	✅ Yes	Verbal warnings may not be enough in a commercial setting; signage is generally expected.
A restaurant mops and places a sign; the floor is still visibly slick.	✅ Yes	Even with a sign, the store must maintain reasonably safe conditions; knowingly dangerous surfaces may lead to liability.
A shopper trips over a tipped-over wet floor sign, not the actual spill.	✅ Yes	Poor placement of the sign itself created a hazard, shifting liability back to the store.
A leak from a soda machine has created recurring puddles in a Dallas CVS for over a week.	✅ Yes	Repeated hazard with no resolution shows actual knowledge and a pattern of negligence.

Notable Texas Cases

Walgreens Slip-and-Fall Lawsuit Dismissed Due to Adequate Warning Sign

June 2025. In Caballero v. Walgreens, the plaintiff slipped and fell inside a Walgreens store in Texas. The court found that a wet floor sign was present and visible at the time of the incident. As a result, the court ruled in favor of Walgreens, stating that the warning sign provided adequate notice of the hazard. (ca5.uscourts.gov)

Texas Supreme Court Clarifies Premises Liability Standards in Albertsons Case

April 2025. In Albertsons, LLC v. Mohammadi, the Texas Supreme Court addressed the standards for premises liability. The plaintiff, an employee at a bank inside a Randalls grocery store (owned by Albertsons), slipped on a wet floor caused by a leaking bag. The court emphasized that business owners are not automatically liable for such incidents and clarified that plaintiffs must prove the store had actual or constructive knowledge of the hazard. (kelleykronenberg.com)

Verbal Warning Deemed Sufficient in Texas Slip-and-Fall Case

2014. In Norman v. Henkel, a mail carrier slipped on an icy sidewalk after a homeowner said, “Don’t slip.” The Texas Supreme Court ruled that this verbal warning met the legal threshold to warn about the danger, and the homeowner was not held liable. (law.justia.com)

FAQs About Slip and Fall Liability in Texas

Do I still have a case if there was a wet floor sign?
Yes. A sign must be timely, visible, and appropriately placed. If it wasn’t, you may still have a valid claim.

What if I didn’t see the sign?
Visibility matters. If the sign wasn’t in a logical or visible location, it may not protect the business.

How long do I have to file a slip and fall claim in Texas?
The statute of limitations is two years from the date of injury.

Can I sue a store like Kroger or Walmart for a fall?
Yes, if negligence can be shown. These large companies have legal teams, but they’re not immune from accountability.

Know Your Rights Before You Settle

A “Wet Floor” sign doesn’t mean a store has done all it should. If you’re injured in a Dallas-area store, don’t assume your case ends there. Texas law still requires businesses to act with reasonable care. If the store knew – or should have known – about the danger and didn’t do enough, you may have a valid legal claim.

Talk to someone who knows how Texas courts handle these cases. Contact the experienced slip and fall lawyers at Genthe Law Firm in Dallas at 214-957-0898. A quick call could be the first step toward protecting your rights and securing the compensation you deserve.