In a recent Texas slip and fall case, the plaintiff walked around a wet floor warning sign that was situated in the hall outside the bathroom in the defendant’s convenience store. The restrooms were at the back of the store and could be accessed through an open entry that led to a small hall.
Surveillance video showed that there was a yellow warning sign that said “wet floor” located in the entry. When the plaintiff turned the corner and walked into the hall to go to the restroom, he walked past the sign. He also walked past an employee who was wet-mopping the floor. While he was inside the restroom, the employee wet-mopped the entrance where the sign was located. She moved the sign while mopping, mopped the spot where the warning sign was, and then returned the sign to the original place.
Two minutes after going into the restroom, the plaintiff left the bathroom and slipped and fell on the wet hallway floor a few feet from the location of the sign. He was hurt and sued the defendants for personal injuries based on premises liability. As a customer, the plaintiff was considered an invitee to the store under Texas law.