Fuel Islands Warning Signs.

Broompilot · May 16, 2006

About a year ago I fueled at the Pilot on I 64 just East of Louisville (2 at that Exit) The islands were covered with spilled fuel and sure enough I went down. I was not hurt but was bruised up, and my Ego shot to heck.

Anyway I informed the cashier just in case something was hurt, and was informed that there were signs posted stating NOT RESPONSIBLE FOR FALLS.

Could a Lawyer tear this apart if I had broken an elbow or something?
Seems to me it is a Owners Responsility For Personal Injuries regardless if there is a sign or not. I know being a Landlord I have to carry extra insurance just for such an incident.

I wear soil resistant non slip boots just for this reason. Tennis Shoes just will not grip on oil, or slippery surfaces.

terryandrene · May 16, 2006

In my non-legal opinion, signs don't necessarily limit a property owners liability. As a seasoned driver, you should expect a fuel island would be occasionally slippery, so you should walk with caution as indicated by the signs. However, if fuel was spilled and not particularly obvious, and the property owner took no action to mitigate the danger to it's visitors, then I think he would have some degree of liability. If a sign said caution, spilled fuel, don't walk here, I'd say that's on you.

greg334 · May 16, 2006

I agree with Terry, the fact that there is a sign does not circumvent the owner's responsiblility. If an employee is informed, then it is on them to clean the spill and prevent an injury.

Here in Michigan even if the sign is posted and there is no resonable attempt to clean a spill or fix a problem that could injure someone, the owner is liable for the injury.

I really wish I made it to Law School!!

Sorry for all the missed spelled words, I am posting through a phone terminal.

Finn777 · May 16, 2006

I think it all boils down to how good your lawyer is a well publisized case two years ago at the pilot truckstop at Beaverdam OH a trucker slipped on diesel fuel at the pump and broke his leg in 2 places, he sued them but lost in court,
I forget what the ruling was but the fact that they had warning and not liable signs had a lot to do with it. I think had he had my kickass jewish laywer from NJ he might have done better the case was in The Trucker paper so it might be able to search for in it's archives.

raceman · May 17, 2006

I will save you the details but let me assure you that sign is almost 100% protection for them. I would bet with enough money for the fight you may win but the sign is very good protection.

Been down a very similar road and that sign holds one hell of a lot of coverage.

Raceman
OTR O/O

Tennesseahawk · May 17, 2006

They can have signs all over the place. But unless there's a conscious effort on their part to make the place reasonably safe, their signs don't mean squat. That's like saying I could put a sign out in front of my house saying "Caution: Ice", then leave it up without ever cleaning my sidewalk. I've been to truckstops that make you wonder if they ever clean their restroom, let alone their fuel island. If you ever fall, make sure you or someone else takes pics of the area right away. I'd bet they'll have someone scrubbing it down by the time the insurance guy gets there.

DannyD · May 19, 2006

>About a year ago I fueled at the Pilot on I 64 just East of
>Louisville (2 at that Exit) The islands were covered with
>spilled fuel and sure enough I went down. I was not hurt
>but was bruised up, and my Ego shot to heck.
>
>Anyway I informed the cashier just in case something was
>hurt, and was informed that there were signs posted stating
>NOT RESPONSIBLE FOR FALLS.
>
>Could a Lawyer tear this apart if I had broken an elbow or
>something?
>Seems to me it is a Owners Responsility For Personal
>Injuries regardless if there is a sign or not. I know being
>a Landlord I have to carry extra insurance just for such an
>incident.
>

I would think so. In Michigan, when you park at a sporting event, concert, etc. the parking ticket stub says something to the effect of: "Owner not responsible for damages to your vehicle while parked on our property".

This actually isn't true. They are if someone breaks into your vehicle or what have ya. That lil warning they put on there is to deter lawsuits if something happens. They know they're responsible, but putting that lil warning on the ticket stub like that may make a person or two not try to get damages from the parking garage company.

Based on that, I'd think that yes a lawyer could tear apart a sign that said "Not responsible for falls".

Glad you're ok though,
Danny

Pappy · May 21, 2006

A number of good answers here. However, a couple hit the nail on the head. All the warning signs do is deter lawsuits. They are of not much value at all.
With facts photos and enough back-up info a good team of attorneys would tear them up.
Pappy