Can a “Swim at Your Own Risk” Sign Protect Against Claims?

If you warn someone about a hazard and he or she engages in an activity anyway, it may not make sense that you would be responsible for the decision. However, placing a warning, caution, or hazard sign is more complicated than setting and forgetting. In most cases, though, a risk warning is enough to protect you from personal injury claims.

Reasonability determines whether or not a risk warning sign can protect you from personal injury claims. Verbal and printed risk warnings can protect you from a personal injury claim if:

• The warning covers the nature of the risk present.
• The warning is in a conspicuous location and clearly visible (some public swimming pools must post warnings with fonts that are a certain size and include certain information).
• The warning sign has not been contradicted verbally by an authority (i.e. a lifeguard or property owner).

However, it may not protect you if the body of water has not been reasonably protected. For instance, if you have a swimming pool in your back yard and you post a “swim at your own risk” sign but do not have a fence in place or a latching gate to the pool area, the sign may not be enough reasonable caution to shield you from a liability issue.

The Risk Warning Sign Was Written in English, but the Person Injured Only Speaks/Reads Spanish – Who Is Liable?

This may be a gray area in a personal injury case. If, for example, you regularly have non-English speaking persons swimming in the area, it might be reasonable for you to include your warning in English as well as Spanish. However, if you had no reason to believe the majority of individuals could not read English, the warning sign would adequately warn swimmers of the associated risk.

Could Someone Else Be Held Liable for the Injury?

Depending on the nature of the accident, the property owner/municipality may not be the only individual who could be the target of a personal injury claim. If the swimming area was a manmade pool, a pool equipment or maintenance company could also be held liable for injuries. Those injuries may fall outside the “swim at your own risk” warning of injury.

Is It Better to Hire a Lifeguard or Post a “Swim at Your Own Risk” Sign?

The decision to hire a lifeguard at a public or semi-private (hotel) pool can be a difficult one to make. Courts rule in swimming accident claims on a case-by-case basis. They have ruled for property owners who post risk warning signs and they have also ruled in favor of the victims, despite warning signs. If you choose to hire a lifeguard, you may open the door to more liability for swimmer safety. Even aquatics experts are divided on whether swimmers have more responsibility to act within the confines of a sign or whether property owners have more responsibility to protect those who swim.

Making Decisions

As a swimmer, it is always better to proceed with caution in swimming areas, particularly if a risk warning sign is posted. There is no guarantee that your injury will be covered under liability laws if you have an accident. As a property owner, you have a responsibility to do something to reasonably prevent accidents from occurring.

In some cases, a risk warning sign is sufficient. In others, you may want to consider hiring a lifeguard or taking additional steps to warn visitors of the hazards. For more information about caution signs in bodies of water like lake beaches, ponds, and pools, reach out to our Houston personal injury attorneys at Gordon, Elias & Seely LLP today.