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A site sign ('enter at your own risk', 'not liable for damage') limits your liability only to a limited extent. Such a unilateral statement only binds another party if they could reasonably have taken notice of it and the condition is part of the legal relationship. With these four tips, you are in a stronger position.
Tip 1: realize that a plate is not a magic cure
A sign containing a liability exclusion does not automatically take effect. A unilateral statement only binds the other party if they have had the opportunity to take notice of it and the exclusion forms part of the agreement. Moreover, invoking such an exclusion may be contrary to reasonableness, particularly in cases of serious misconduct or injury.
Tip 2: make sure the sign is visible and clear
Place the signs in a clearly visible location, for example at every entrance to the site, and formulate them clearly and concretely. Anyone entering the site must be able to reasonably see and understand the condition before running the risk.
Tip 3: also stipulate it contractually
A sign alone is weak. It is much stronger to include the exclusion of liability (exoneration) in your agreement and general terms and conditions with parties entering your premises, such as suppliers and service providers. Then the exclusion is truly part of the agreement.
Tip 4: do not count on exclusion for serious misconduct
An exemption clause does not hold up in cases of intent or conscious recklessness, and may also fail in cases of gross negligence or injury if invoking it is unreasonable. Therefore, continue to ensure a safe site; a sign does not relieve you of your duty of care.
Frequently Asked Questions
Does a site sign protect me against every claim?
No. It only works if the other party could have taken notice of it and the exclusion is part of the agreement, and not in cases of intent, conscious recklessness, or unreasonable appeal.
How do I make the exclusion stronger?
By also contractually stipulating this in your agreement and general terms and conditions with parties entering your premises.
Does my duty of care lapse with a sign?
No. You remain obliged to ensure a safe site; a sign does not remove that duty of care.
Ensure you are well covered for your liability?
Our legal experts incorporate a watertight exemption clause into your general terms and conditions and contracts. View our liability lawteam or schedule a free consultation.
