Warning signs like No Trespassing and Beware of Dog are meant to deter visitors and trespassers or warn guests of a specific danger. A posted sign can help limit your liability for an accident on your property — but its effectiveness depends on the wording, placement, the facts of the accident, and whether you also acted reasonably to address the hazard.
What is a “posted” sign?
A posted sign is a catch-all term for the many signs people put up to warn others of danger or forbid trespassing. They come in endless variations of wording and design, including:
- No trespassing signs
- Beware of dog signs
- Electric or barbed wire fence warning signs
- Hazardous materials or substances signs
- Hole or tripping hazard signs
- Slippery floor signs
- No loitering, no parking, no hunting, and no solicitation signs
These signs typically warn of a known danger or notify people that they are not permitted on the property. Displayed correctly, they may help prevent legal liability for an accident.
Premises liability and the problem with trespassers
Injuries on your property are generally subject to premises liability law, which requires owners to take reasonable steps to prevent injuries — especially to guests and visitors who are not trespassing. You could be liable for a slip and fall, a dog bite, or other harm a visitor suffers on your property.
Trespassers are treated differently. Most trespassers are not owed a reasonable duty of care; they assume the risk of entering another person’s property and getting hurt. There are exceptions — for instance, if an owner creates a condition meant to harm trespassers, or maintains an attractive nuisance. These exceptions are highly fact-specific, so consult a personal injury attorney if anyone is hurt on your property, guest or trespasser.
Making a posted sign work for you
Several factors determine whether a sign protects you. A sign may or may not be enough on its own, and the determination turns on what happened in the accident and the details of your sign.
Placement matters. Put the sign where anyone passing or entering is most likely to see it:
- At the entrance to the property
- On a front or back gate
- On a fence in an obvious location
- At the location of the hazard
- In an area free of obstructions like bushes or trees
Place a Beware of Dog sign on the gate or fence where the dog is likely to be, and position every sign where it makes sense for what it warns of.
Visibility matters too. The best signs have large bold letters, use noticeable colors, are large enough to be seen, and clearly describe the warning or prohibition.
Some states, including Texas, also recognize purple paint laws. Purple paint marks on trees or posts give “No Trespassing” notice to hunters and other visitors. Under Texas law, the marks must be vertical lines at least eight inches long and one inch wide, placed with the bottom of the mark three to five feet off the ground, in locations visible to those approaching, and no more than 100 feet apart on forested land or 1,000 feet apart on non-forested land.
You may still face liability even with a sign
Even if you do everything right, a sign is helpful evidence — not a guarantee against liability. A warning sign can show that the injured party brought the harm on themselves or was partially at fault, but it is not a catch-all defense.
This is especially true for temporary hazards. Suppose a staircase has a broken step and you post a clear caution sign. The sign may protect you for a reasonable period — but only if you also take reasonable steps to repair the stairs. Post the sign and fail to make the repair, and the sign may not be enough to prevent liability.
Posting a highly visible warning sign in a prominent location, and acting reasonably to fix the danger, could make the difference in whether you are liable for someone’s injuries. If a person is hurt on your property, an injury lawyer can explain how these premises liability rules apply to your situation.