A store or property owner posts a sign. You get hurt. Can you still recover compensation from them? Find out in this post.
You see a sign at the store: “Slippery When Wet.”
Your neighbor has a big “Beware Of Dog” sign that you couldn’t possibly miss.
A local farmer has a noticeable “Trespassing Strictly Prohibited” signs posted every 10 feet on their property.
So one week, you have what’s possibly the worst week of your life. You walk right by the “Slippery When Wet” sign and fall flat on your back, causing a minor back injury. You didn’t know your neighbors just got a new guard dog, and you didn’t notice that sign either. It takes a big chunk out of your leg.
Irritated with all the stress in your life, you and your friends decide to deal with it by going onto that farmer’s property and trampling his corn. As you do that, you step on some nails the farmer concealed in the ground because teenagers have been doing donuts on his property.
Even though you acted with ignorance or irresponsibility in all cases, and you were clearly given notice, can you still recover compensation for your injuries?
In other words, is a simple sign enough notice to prevent you from taking any legal action and trying to recover compensation from any of these parties?
You’d Think the Answer is Obvious, But It’s Not
Preventing lawsuits isn’t as simple as posting a sign. Let’s start with the “Slippery When Wet” sign at the store. Most likely, you won’t be able to recover compensation in that scenario – as long as the sign was clearly posted.
You assume the risk when you walk on a wet floor with notice. However, if the sign wasn’t obvious – say it was posted hidden behind a display where no one could see it – you may be able to recover some compensation.
“Beware of Dog” Signs Can Actually Be Used Against Homeowners
To prove liability for a dog bite, you have to show the owner had knowledge their dog had “vicious propensities.” A “Beware of Dog” sign may indicate they had some awareness of that.
However, that sign could also be used against you. After all, you decided to get near the dog even though the sign warned you not to.
And What About the Situation with Destroying the Farmer’s Property?
The “Trespassing Strictly Prohibited” sign likely makes you a trespasser because you saw it and decided to enter the farmer’s property anyway. However, the law requires that even trespassers must be notified of artificial property conditions that could cause them harm.
So, if you step on one of the nails while trespassing, you may be able to recover compensation for that. (Although ultimately a jury might have a difficult time awarding damages given those facts) But, if you step in a hole, fall down, and break your leg, you’d likely not be able to recover compensation for that injury.
If you were hurt on another’s property due to their negligence contact our Dallas slip and fall attorneys today.