Legal Question in Civil Litigation in New York
''use at own risk'' sign
If a sign is posted on private property stating that anyone using the walking trail does so at his or her own risk, can the owner of property no longer be held liable for injury?
Asked on 1/09/07, 1:59 pm
2 Answers from Attorneys
Frank Pintauro
Donohue & Partners, PC
Re: ''use at own risk'' sign
A landowner cannot avoid liability for negligence by putting up a sign. If there are dangers on his/her property that should be fixed, a sign will not insulate him/her from liability especially where the sign is not-specific.
Answered on 1/11/07, 9:22 am
Mark S. Moroknek
Kelly & Curtis, PLLC.
Re: ''use at own risk'' sign
Yes the law in New York uses a reasonableness standard. The owner has a duty to keep his land in reasonably safe condition to those persons lawfully on the premises.
Being a "trespasser" does not mean you are out of luck if there was a defective
roadway etc.
Answered on 1/10/07, 7:27 pm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
