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Does Posting a Warning Sign Excuse Property Owners from Liability in Cases of Visitor Injury?

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People who own homes or businesses have a legal responsibility to keep their property safe for visitors. This includes maintaining the safety, security, and cleanliness of the property, as well as correcting any unexpected hazards that arise.

Of course, not every danger can be corrected right away. Issues that require long-term construction work, for example, may make a property unsafe for visitors for an extended period of time. Even less serious issues, such as wet floors, take time to become safe for visitors. In these cases, posting a warning sign can be an effective way to advise visitors of dangers and prevent injury.

But does posting a warning sign excuse a property owner from liability if injuries do occur? Not necessarily. There are some cases in which a sign may do little to prevent premises liability incidents, and the property owner can still be held accountable for damages.

Determining Fault for Premises Liability Incidents

When a person is injured while visiting a business or residence, certain conditions must be met in order for premises liability laws to apply. If these elements are present in a case, the injury victim is entitled to compensation.

Premises liability laws apply if:

  • A person was injured at a home they were invited to or a business they were patronizing (and therefore, the property owner had a responsibility to keep the person safe)
  • The person’s injuries were caused by unsafe conditions on the property
  • The unsafe conditions were a result of the property owner’s negligence

What Makes a Warning Sign Effective at Preventing Injury?

In some cases, posting a warning sign is evident of a property owner’s attempt to create safe conditions and prevent injury to visitors. However, merely posting a sign is not enough — a sign must be visible, legible, and easily understandable in order to be effective. In some cases, the conditions at a residence or business may be so unsafe that any sign is ineffective at preventing injury. Or, the presence of a sign may be irrelevant in determining liability. In any of these cases, the property owner can still be held liable for negligence despite their attempts to warn visitors of hazards.

If you have been injured because of another person’s negligence, Daspit Law Firm can help. Please contact us to discuss the details of your case and get started on your claim.

To schedule a free consultation with our lawyers, complete our contact form or call (888) 273-1045.

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