Warning Sign Liability
This is something our company has encountered a couple of times now: There is apparently danger nowadays in posting warning signs. Apparently, courts and juries are taking the position that by posting any warning at all, you are communicating to the public that you are taking on the task of warning them about any possible danger. Then, when someone gets hurt by something you did not warn them about, they can argue that you are liable. Via Overlawyered:
Putting up signs warning visitors of the dangerous rip currents off New Jersey's
Long Beach might seem like an obvious step. "However, Long Beach Township
Attorney Richard Shackleton said there are liability issues to consider.
According to the law, the town does not have to warn people about natural
conditions, and if Long Beach put up a sign and a jury found its warnings to be
inadequate, the town could possibly be found liable for a drowning or injury.
Having no signs, he said, reduces the risk of being sued."
We have similarly had our attorneys and/or insurance inspectors recommend we take down a number of warning signs for this reason. I have no idea how this outcome can be in the public interest.
