Claims for damages in case of falls, “Slippery surface!” signs
Lately there has been a steady increase in the number of cases where injured parties claim to have fallen due to a wet and/or slippery surface and consequently claim compensation for damages from the owners of the properties (buildings, roads, staircases, etc.) on account of a “Slippery surface!” sign not being displayed.
Strict liability can only exist in cases where things are inherently so dangerous that they cannot be controlled despite an adequate duty of care and where the danger cannot be averted. As such they pose a greater risk to the safety of people and property, regardless of the individual circumstances of the case. This being said, if the risk can be avoided through reasonable diligence and duty of care on the part of the injured party, we cannot establish a legal standard of a dangerous thing which could lead to the strict liability of its owner. Based on Slovene case law, a wet surface does not in itself constitute a dangerous thing.
Despite the fact that wet (and thus slippery) surfaces may pose an injury risk, this risk can be minimized with a usual duty of care. Moreover, wet floor forms a predictable circumstance with no above-average risks for the injured party, as injuries can be avoided with an average duty of care. Even the absence of a warning sign does not constitute an unlawful conduct!
The allegation of illegality in case of wet or slippery surfaces can only be claimed in abnormal circumstances, for example in cases of poor construction of a stairs, or ramps; elevated door-step contrary to building standards; tiles that are not suitable for outdoor use etc.
