A warning sign might protect property owners from liability in some cases. However, just because the property owner posted a sign that says, “Use at your own risk,” “Not responsible for accidents or injuries,” or something similar doesn’t mean the disclaimer will effectively shift liability to the visitor.
Whether or not a warning sign protects the property owner from liability depends on many factors. Generally speaking, these signs can only influence liability if:
- They’re placed where visitors are likely to see them before they encounter the dangerous condition;
- They’re clearly visible and not blocked by plants or difficult to read due to inadequate lighting;
- Their lettering is large enough to read; and
- They’re written in a language that most people who read it would understand.
There are other criteria that must be met under certain circumstances. For example, state and local ordinances, rules, and codes require some warning signs to have certain features such as letters of a particular size. If those requirements are not met, the sign might not protect the property owner from liability.
