Dear Atty. Peachy,

I am a small business owner in Marikina, and I recently found myself in a bit of a pickle. Just a few weeks ago, a customer came into my bakery and slipped on a wet floor. I had just mopped the floor, but I had put up a “Wet Floor” sign in plain sight. The customer is now claiming that I should cover his medical expenses due to their injury. I am feeling overwhelmed and unsure about my responsibilities and liabilities in this situation. Could you please advise me on what I should do next?

Thank you for your time and assistance.

Marj

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Dear Marj,

Thank you for reaching out with your concern, and I am sorry to hear about the accident. In the Philippines, a slip-and-fall incident raises questions about liability and negligence. You are not automatically liable if a customer slips, even with a wet floor; liability depends on your diligence in maintaining a safe environment.

To establish negligence, it must be shown that you failed to exercise reasonable care, which led to the injury. A business owner is not automatically liable for every accident; liability is determined by whether you took necessary precautions to prevent harm, such as cleaning spills and putting up warning signs. Placing a “Wet Floor” sign shows that you acted responsibly to warn customers about potential hazards.

According to Article 2176 of the Civil Code of the Philippines, a person who has suffered harm can claim damages only if it is proven that the other party was negligent. Since you informed patrons of the wet floor, you may argue that you fulfilled your duty of care. However, while signs like “Wet Floor” are helpful, courts will consider how well hazards were managed. If issues persist that could cause injury, you could still be held liable. Additionally, if the injured person acted negligently (for example, by running in a wet area), fault may be shared, affecting liability.

It is important to keep records of the incident, including photos of the wet floor and the sign, as well as any witness statements. This documentation can support your case if it escalates. If the customer demands compensation, consider negotiating a fair settlement instead of going to court. Also, check if your liability policy covers this type of incident.

I hope this helps address your concerns.

Atty. Peachy Selda-Gregorio