A property owner is liable for injuries on the property whether or not they have not responsible for accidents signs are present. However, there are special circumstances where liability doesn’t stand. As a property owner, you need to determine whether the sign is necessary, and then determine the effect of the sign in terms of prohibiting people from entering the property.
Is Having the “Not Responsible for Accident” Sign Necessary?
The first thing you should determine as a property owner is whether it’s necessary. The effect is governed by a legal principle known as negligence. Negligence holds property owners responsible for injuries sustained on their properties. You can be held liable in a civil court or causing unintentional harm to a third party.
What Is Necessary to Prove Negligence?
The injured person must prove there was a breach of duty owed to the victim with respect to the property owner failing to meet the standard of care as per the law. The fact that there was an injury means the breach resulted in injury.
A standard of care refers to prudence, attentiveness, or caution that should be exercised under these circumstances. In case the property owner doesn’t meet the standard of care and injury occurs, he/she is deemed as being negligent. In short, she/he is liable for the injuries caused to the victim.
What Is a Reasonable Care?
Reasonable care is the common type of standard of care exercised by property owners in ensuring they maintain safe conditions on the property. To find out whether the property owner acted reasonably, the court makes two determinations. First, determines what a reasonable property owner can do under similar circumstances. Secondly, the court determines whether the property owner did the due level of reasonable care.
Maintenance of the property and reasonable care includes warning signs and repair of danger signage. States use the principle of ordinary negligence when determining premises liability. The Standard of care relies on the status of that person entering the land. There are three statuses namely:
This is a person who enters a property for the financial benefit of that property owner. For example, entering a land that is open to the public. In this case, the property owner owes them reasonable care in ensuring the premises are well-maintained. The duty includes affirmation obligation in discovering dangers and warning the invites appropriately.
If it is not responsible for accidents sign and there is a personal injury, the property owner is not liable as he/she has exercised the required level of care and the invitee assumed the risk of danger posed.
This is a person with the express permission of the property owner to enter the property e.g. Social guests. However, if the owner asks the social guests to leave their property and they refuse, they become trespassers.
The property owner must warn the licensee of any concealed dangers of which the licensees are unaware. In this case, if a personal injury occurs with the licensees fully knowing of the warning sign, the property owner is not liable as he/she had already exercised the necessary level of care.
This is a person who enters a property unlawfully or remains on the land. The landowners owe a trespasser no duty except to refrain from causing them harm. The presence of a not responsible for accident sign is not relevant or dependent on whether the property owner escapes liability as he is not liable for any personal injuries.
What Are the Effects of the Warning Signs?
After determining that you need the sign, you must determine the effect of having the warning sign. The sign is only effective if someone entering the property is put on notice of the hidden dangers.
The sign should be legible and noticeable. Don’t place it in a hidden location as it will not be effective in warning people entering the land. In this case, you are liable for any personal injuries occurring on the property, regardless of whether the warning sign is present.
If you are hurt, contact Atlanta slip and fall attorney, to know if you qualify to receive a premises liability claim. Eligibility means you are entitled to compensation for your medical bills, lost wages, and personal injuries. Call Atlanta slip and fall attorney today at (404)-850-9516 for a free consultation.