Personal Injury Liability when Warning Signs Present

Personal injury liability is not negated simply by the placement of a few warning signs. In fact, most state laws and case rulings explicitly state that warning signs do very little to nothing at all to reduce or negate property owner liability.

Legally Irrelevant Warning Signs

Some warning signs are considered irrelevant by the legal world. Examples of these types of signs include those that are intended to prevent children from entering the area, those that are too small, those that do not clearly indicate the area to be avoided and signs that are not connected to the hazard in any way. The reason these are considered irrelevant is because they do not adequately protect an individual from coming into contact with the hazard or are understandable by the party intended to be warned.

Legally Relevant Warning Signs

A warning sign that is directed towards an adult and which warns of hazard that is fairly reasonable to be recognized and understood as a hazard by a typical adult has the potential to reduce or eliminate a property owner’s liability. This is because this type of sign is adequate to warn the party intended to be warned and also because the party intended to be warned is considered knowledgeable enough to avoid the hazard.

Effect of Relevant Warning Signs

If a judge, jury or insurance company views a warning sign as relevant and as having put the injured party on notice of potential injury, the amount of compensation awarded to the party may be reduced or denied altogether. States operate under many different rules of joint liability for injury, the most common of which permits a court to reduce the amount of an award by the percentage of the injured party’s responsibility. If an injured party is found to have disregarded a relevant warning sign, his award could be reduced. In extreme circumstances, the property owner could be found not liable for the personal injury; this typically occurs when the injured party was reckless in his behavior, thereby causing the injury.

Effect of Irrelevant Warning Signs

Irrelevant warning signs will have no impact on the amount of compensation an injured party receives. However, much like relevant warning signs, if a court or jury finds that the injured party is somewhat responsible for his injuries, the amount of compensation award may be reduced. This is never the case with children, however, who are presumed to not understand warning signs and are therefore unable to assume the risks associated with their behavior.

Getting Legal Help

If you are involved in a personal injury lawsuit in which the presence of warning signs is an issue, seek legal assistance with your case. A lawyer will review the placement and adequacy of the warning signs and discuss with you how they could impact the success of your case or defense.

Have a Personal Injury Case?