Premise and Dog Liability - Does Posting a Warning Sign Protect Me?

SIGNS, SIGNS, EVERYWHERE THERE ARE SIGNS!

Garage Sales, Tag Sales, Yard Sales, no matter how you refer to them, the season is upon us!  Most of us have a “few too many things”; outgrown/outdated clothes and things we no longer want or use and the opportunity to make a buck and have the items gone is the perfect reason to plan your sale.

There are household’s that run continuous yard sales around here, so the argument could be presented that it is a business rather than a “personal” venture. If this situation applies, I advise you to consult with your insurance agent to determine if you need and can purchase coverage for a “home business.”

As people are preparing to hold a sale, we often take calls about posting “Not Responsible For Accidents” and “Beware of Dog” signs. "Are they a good or bad idea?  Do they “really” absolve me of liability?"

Personally, my thought has always been – You invited these people onto your property when you placed the ads and/or put the sign out by the street – good luck trying to get out of a lawsuit if someone trips over your cracked sidewalk or the extension cord you have stretched out to the calculator and gets badly injured. As for Sneakers nipping a patron - that Beware of Dog sign – isn’t worth the paper it is printed on. 

BUT... is that fact or fiction?

In 2009 the Iowa Supreme Court (Koenig v. Koenig, 766 N.W.2d 635, 645-646) adopted a multi-factor approach for determining whether a land owner would be liable for injuries on his property:

"We impose upon owners and occupiers (of land) only the duty to exercise reasonable care in the maintenance of their premises for the protection of lawful visitors. Among the factors to be considered in evaluating whether a landowner or occupier has exercised reasonable care for the protection of lawful visitors will be: (1) the foreseeability or possibility of harm; (2) the purpose for which the entrant entered the premises; (3) the time, manner, and circumstances under which the entrant entered the premises; (4) the use to which the premises are put or are expected to be put; (5) the reasonableness of the inspection, repair, or warning; (6) the opportunity and ease of repair or correction or giving of the warning; and (7) the burden on the land occupier and/or community in terms of inconvenience or cost in providing adequate protection."

This does not mean that visitors get a free pass;  Property owners/occupiers are not "absolute" insurers or guarantors. Visitors are to exercise reasonable care to observe and avoid dangerous conditions. Some situations will excuse visitors from noticing a dangerous condition, if the property owner is responsible for distracting the visitor's attention to possible dangers by drawing the visitor’s attention to other items such as goods for sale.

The Iowa law of comparative fault applies to premises liability claims. Therefore, a visitor who is injured by an unsafe property condition who is partly responsible for his injuries may have his right to collect damages reduced or barred.

The law will hold the property owner responsible for premises liability if they were aware of the dangerous condition and did nothing to correct it.  They can also be liable if it was obvious that the owner should have known about a potential hazard and did not take steps to prevent injury. 

I was not able to find anything specific to “Not Responsible For Accidents” signs being posted, but after my research I still feel the best thing would be to make sure the area being used for the sale is made as safe as possible and that it is clearly defined so people don’t decide to “wander around.”  If you feel the need for signs – post them.

In Iowa, the owner of a dog is liable for all damages done by the dog ….   See Iowa Code Section 351.28. There is no “Free Bite” rule. Posting a Beware of Dog sign is NOT going to absolve you of liability.

My advice, keep your dog inside your home, in its kennel and away from all  patrons. Even the cutest, most even tempered dog can get frightened by a flash of light, a strong smell or even a shrill voice and nip.

If you are a renter, these same rules apply to you. While your landlord is normally responsible for the maintenance of the property, when you invite people onto the property you may be assuming some liability.

When you have questions about your policy coverage, you should never hesitate to call your agent. Most agents understand that insurance can be complicated and encourage their clients to call with questions. If you are not comfortable calling your agent, it might be time to find a new agent - CALL us!!