Understanding How Warning Signs Affect Premises Liability Cases
When entering another person’s property, such as a grocery store or place of employment, it’s reasonable for people to expect a certain level of safety. When property owners fail to address and correct hazards, it can lead to injuries or even death. A premises liability attorney can help accident victims recover compensation for their injuries and other damages.
Sometimes property owners will try to remove their liability for hazardous conditions by placing a warning sign. While there are times this is considered sufficient for handling a hazard, this is not always the case. It’s important that accident victims have an understanding how warning signs affect premises liability cases in Utah and Salt Lake City.
If you were injured on someone else’s property, the attorneys of Younker Hyde Macfarlane are available to review the details of your accident to determine if you have a premises liability claim.
What Is Premises Liability?
Premises liability is a legal concept that allows claims to be made when an injury, death, or property damage happens as a result of a dangerous condition on another person’s property.
Generally, a premises liability claim needs to show that there was a dangerous condition on another person’s property, that the property owner or person in charge of maintaining the property was negligent in addressing the danger, and that because of the negligence someone was injured or their own property was damaged.
It should also be noted that the accident victim needs to be permitted on the property, whether they’re a customer at a store or a guest at someone’s house, in order to have a premises liability claim. Trespassers generally don’t have the same protections since they do not have permission to be on the property.
Does a Warning Sign Remove Liability?
Placing a warning sign when a hazardous condition is present is sometimes enough to protect a property owner from liability for an injury. However, a warning sign doesn’t automatically make a property owner free of liability if an injury occurs.
Signs Need to Be Noticeable
Warning signs need to be noticeable and clear in identifying the hazard. If warning signs are too small, hidden by an obstruction, or not clear, they’re typically not considered sufficient and won’t protect the property owner from liability.
When clear, well-placed signs are present, property owners are more likely to be seen as fulfilling their duty of care and less likely to be considered negligent in a premises liability claim.
The Nature of the Hazard Must Be Considered
In some instances, a hazard may be so severe that a warning sign would not be considered sufficient in the event of an accident. A property owner has a duty to maintain their property and address any hazards.
When a warning sign is the only step taken to address a hazard, it may still be considered negligence on the part of the property owner.
Speak with a Premises Liability Attorney
Even if warning signs are in place, a property owner may still be held responsible for injuries on their property. If you have been injured on someone else’s property, whether or not warning signs were present, it’s important to speak with an attorney to determine if you have a premises liability claim. Our Utah premises liability attorneys are ready to help. Contact us online to schedule a consultation.