Pressure-Washing Water Entered the Store and I Fell. Was This Negligence?
Based on a type of case handled by Florida attorney Juan Cordero — Florida Lawyer Since 1999.
Short Answer
When a business's own cleaning activity allegedly introduces water into a customer walking area, the investigation should focus on how the work was conducted and controlled.
From a Case I Handled
I handled a case involving pressure cleaning at a Walgreens during the day. The allegation was that adequate barriers were not used to prevent water from entering the store, and my client slipped and suffered a significant injury.
What I Look For
In a matter like this, I would investigate: who performed the work; barriers; warnings; surveillance; contractor agreements; drainage; employee knowledge; photographs; incident reports; timing.
What This Case Teaches About Negligence
A hazard allegedly generated by the business's own maintenance operation presents different factual questions from an unexplained customer spill.
When the business's own contractor creates the hazard, the notice analysis is fundamentally different. The business knew the work was being performed and had the ability to control how it was done. The absence of adequate barriers or warnings during active pressure washing is a direct question of operational negligence.
Applicable Florida Law
When a business's own maintenance operation creates a hazard, Florida courts may find actual notice without requiring proof of duration. The business's control over the contractor and the work being performed is central. See Fla. Stat. § 768.0755; Fla. Stat. § 768.81; Florida common law on premises liability.
What the Defense May Dispute
Depending on the facts, disputed issues may include whether a dangerous condition actually existed, who created or controlled it, notice, whether reasonable inspections were performed, whether the condition was open and obvious, comparative fault, causation, the nature and extent of injury, and damages. The applicable defenses vary by claim.
What to Do After a Similar Incident
Seek appropriate medical care; report the incident; preserve photographs or video if safely possible; identify witnesses; keep relevant receipts, clothing or physical evidence; avoid altering important evidence; and consider promptly requesting preservation of surveillance or other records that may be overwritten.
Frequently Asked Questions
Can a business be liable for its contractor's actions?
Yes. A business that hires a contractor to perform work on its premises may be liable for hazards created by that work, particularly when the business had control over how the work was performed and failed to ensure adequate safety measures.
What if the store was open during the pressure washing?
Conducting pressure washing while the store is open to customers raises serious questions about operational safety. The decision to perform the work while customers were present, without adequate barriers, is directly relevant to negligence.
Does it matter if there were no warning signs?
Yes. The absence of warnings or barriers during active pressure washing — when water was foreseeably entering the store — is strong evidence of negligence.
Related Practice Areas & Resources
More Florida negligence analysis: Florida personal injury attorney Juan Cordero publishes additional real-world Florida negligence case scenarios — covering premises liability, slip and fall, negligent security, and wrongful death — at IsThisNegligence.com. Each scenario is analyzed under Florida law by Juan J. Cordero, Esq., a Florida personal injury lawyer since 1999.
Were You Injured in a Similar Situation?
Juan Cordero Lawyers can review the facts and explain what evidence may need to be investigated or preserved. Every case depends on its own facts and law, and past matters do not guarantee future results.
Florida Lawyer Since 1999 · Florida Bar No. 179728