Can You File a Premises Liability Claim If There Was a Warning Sign?

In Utah, every property owner owes a duty of care to people who lawfully enter their premises. That duty requires them to keep their property reasonably safe, inspect for hazards, and either fix dangerous conditions or warn visitors about them.

So when you see a warning sign near the spot where you were hurt, you may assume the owner did their job, and your claim is dead on arrival. That assumption is not always true. Contact a Salt Lake City slip and fall attorney if you’ve been injured in someone else’s property for assitance.

The Purpose of Warning Signs Under Premises Liability Law

Property owners often post warnings to alert visitors to hazards they haven’t had a chance to fix. In some situations, a properly displayed sign can shift responsibility away from the owner, but it doesn’t grant blanket immunity from every injury claim.

For a warning to carry weight, it has to be visible and specific. A sign tucked behind a display, printed in tiny letters, or vaguely worded won’t satisfy the owner’s duty of care. On the other hand, a clear, well-placed notice that names the actual danger tends to support the owner’s argument that they acted reasonably.

When a Warning Sign Is Not Enough to Shield Property Owners

Certain situations call for more than just a sign. If a hazard has lingered for days or weeks, courts expect the owner to repair it, not simply place a notice next to it indefinitely. A broken stair, an exposed electrical wire, or a persistent leak requires action, and a warning posted in place of a fix can still amount to negligence.

Code violations are another area where signage offers no cover. If a building fails to meet fire safety, accessibility, or construction standards, no amount of posted notices will excuse the underlying problem.

How Comparative Fault Factors into Your Premises Liability Claim

Utah follows a modified comparative negligence rule under Utah Code § 78B-5-818. You can recover damages as long as your share of fault stays at 50% or below. Cross that threshold, and your right to compensation disappears. Whatever percentage of blame you carry reduces your award by the same amount.

Warning signs frequently come up in this analysis. Imagine you are shopping at a hardware store and slip on a freshly mopped floor. A “Caution: Wet Floor” cone was placed about six feet from the spill, but you were looking at a product on a shelf and didn’t see it. Your total damages come to $80,000.

At trial, the jury decides the store should have placed multiple cones around the entire wet area and assigns the store 70% of the fault. They also conclude you should have been paying more attention to your surroundings and assign you 30%. Because you are below the 50% bar, you can still recover, but your award drops by 30%. Instead of $80,000, you take home $56,000.

Talk to a Utah Premises Liability Attorney About Your Case

Warning signs introduce complicated questions that injured people should not have to sort out alone. Was the sign adequate? Was the hazard one that required more than a notice? How much fault might a jury assign to you?

A Salt Lake City premises liability attorney can evaluate the conditions that led to your injury, gather evidence about the sign’s placement and wording, and build a case that accounts for every factor the law considers. Schedule a consultation as soon as possible to protect your right to compensation.