Question

What defense to negligence can be used if an individual sues because of injuries sustained from falling on a wet, slippery floor in the isle of a convenience store with a sign posted, "Caution, floor is wet and slippery"?

Answer 1

Assumption of Risk.

Step-by-step explanation:

In the law of torts, Assumption of Risk is a defence mechanism that helps to protect the defendant against plaintiff claims. Meanwhile, the defendant should be able to prove that plaintiff was informed about the risk.

In the given example, the Assumption of Risk comes from the the fact that the store had a sign "Caution, floor is wet and slippery". In this way store owners had informed customers about the risk and thus guaranteed defence against negligence.

This situation also serves as an example of the secondary assumption of risk. The activity of walking around premises of the convenience store does not bare a risk in itself. But in particular cases, as with a slippery floor, owners of the store owe the duty of care to their customers by informing them about the risk - with a respective sign, for instance.