Beware of Dog? Breaking Down a Common Insurance Defense

When it comes to personal injury claims, property owners often use warning signs like “Beware of Dog” or “No Lifeguard on Duty” as a defense against liability. However, these signs do not automatically absolve them of responsibility for Understanding the Assumption of Risk Defense
The assumption of the risk defense relies on two critical factors: voluntary assumption and knowledge of the risk. For property owners, proving these elements is essential to avoiding liability.

This clip from Patrick Smartpants illustrates the general principles of this defense. Loyal SpongeBob viewers might recognize this clip as the end of a friendly game of tag which went horribly off the rails. If Patrick filed a lawsuit against the property owner due to the subsequent loss of his brain, would he be able to overcome the assumption of the risk defense? Inquiring minds want to know.

Voluntary Assumption of Risk

SpongeBob did not force Patrick to run off the cliff. So, he voluntarily assumed the risk. This element is usually straightforward in the aforementioned personal injury claims as well. Most people voluntarily get too close to a vicious dog or go for a dip in a pool.

However, the location of the “Danger Cliff” sign does raise some questions. Who puts such a warning sign on the precipice of a cliff? Wouldn’t it make more sense to post the sign further away from the edge of the cliff?

This issue sometimes comes up in the real world as well. For example, assume an owner posts a “Beware of Dog” sign in the side yard. If a victim goes through the house and into the backyard, where the dog is, the victim probably never saw the sign.

Known Risk

Even if Patrick voluntarily assumed the risk, it was not a known risk. Patrick is so stupid he could not read the sign. A reasonable person might have stopped and let SpongeBob apply a tag. But that’s not the standard here. Patrick is not a reasonable person.

This issue comes up in the real world as well. The insurance company must prove, by a preponderance of the evidence, that the victim saw the sign, could read the sign, and could understand what the sign meant. These things are difficult for young children, older people, and any LEP (Limited English Proficiency) individuals.

Why Warning Signs Don’t Always Protect Property Owners

Warning signs can reduce liability but do not guarantee immunity. To rely on the assumption of risk defense, property owners and their insurance companies must prove that victims voluntarily and knowingly accepted the risk. Factors like poor sign placement, unclear language, or hidden dangers can undermine this defense.

Seeking Legal Help After an Injury

If you’ve been injured due to a dog bite, swimming pool accident, or other incidents, consulting an experienced Dog bite injury lawyer is crucial. A lawyer can evaluate your case, determine liability, and help you pursue fair compensation for medical expenses, lost wages, and other damages.

At the Law Offices of Eslamboly Hakim, we offer free consultations and connect victims with medical professionals, even if they lack insurance or financial resources. Contact us today to explore your legal options and safeguard your rights.