F. When is a warning notice enough to protect an occupier from liability?
A warning notice does not automatically protect an occupier from liability. The real question is whether, in all the circumstances, the warning was enough to enable the visitor to be reasonably safe.
A warning may be ineffective if it is:
- too vague
- too general
- not serious enough
- hard to see
- badly placed
- given too early so that it is likely to be forgotten
- inadequate for an unusual or serious danger
For example, a clear warning about a freshly mopped floor may help reduce risk, but a vague notice may not be enough if the danger is serious or the area remains unsafe. The law looks at the whole situation, not just whether a notice was present.
On the other hand, if the danger is obvious, and the visitor is able to appreciate it and protect themselves, no warning may be needed. The visitor’s own knowledge of the risk is relevant, but it is not automatically a complete answer.
A warning notice should also be distinguished from a notice or term that purports to exclude or restrict liability: the former seeks to make the visitor safe, while the latter seeks to limit or prevent liability from arising.
For more information about exclusion notices or terms, please refer to “Can an occupier exclude liability by using notices or contract terms?”
