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NPA Negligence Guidelines

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Taking Warning Signs Seriously

National Parks Department Negligence Guidelines

What are Warning Signs?

Warning Signs are printed messages that convey a message about hidden hazards.

How do Warning Signs work?

They convey simple cautionary statements. To be affective, they must contain four elements. A Warning Sign must be:

  • Conventional,
    Use standard "Danger" or "Caution" placard. Message text printed in sans serif type.
  • Seen,
    Place signs where they are easily viewed, yet do not place viewer in harm's way when reading the sign.
  • Understood,
    Concise message which accurately describes the danger or state the cautionary activity, and,
  • Respected
    The signs must be in the best possible (like new) condition. They must un-obstructed by vegetation. And, they must be removed when they are no longer applicable.
    Most importantly, they must be accurate.

What would happen if a Warning Sign doesn’t satisfy all four elements?

The person or entity responsible for the site is negligent of their duty to protect the public.

Are there established National Park Service standards to follow?

No. But, there are published guidelines:
  • OSHA (OSHA 29),
  • CFR (29CFR 1910.154), and
  • ANSI (ANSI Z35.1-1972).

  Those references do not specify what hazards need to be posted.
(See the discussion at the bottom of the page for more OSHA, CFR and ANSI regulations.)

  • Don’t sign open and obvious hazards, e.g., uneven walking surfaces, loud noises at the airport, etc. Signs such as this will lessen the impact of the important ones.

  • Do sign HIDDEN HAZARDS, i.e., undertows and strong currents, sudden dangerous condition changes, unsuspected vectors, etc. Think of a hidden hazard as one a prudent person would not expect to encounter when engaged in a routine activity.

    Do Warning Signs eliminate lawsuits or tort claims?

  • No. Our legal system allows any one to file suit. Whether or not the suit is valid is established after the claim is filed. It is the very issue of the trail.

    Failure to post and maintain Warning Signs maybe grounds for a finding of Willful and Malicious Negligence.

    Posting and maintaining quality Warning Signs provide a basis for contributory negligence defense. In other words, it can be shown the prudent person was adequately warned of the hazard and injuries resulted from a conscious decision to ignore the Warning Sign.

    Other than the safety documents cited above, what guidelines govern Warning Signs text?

    • Be Direct (state the hazard, don’t be wishy-washy),
    • Be Brief (state the hazard in as few words as possible),
    • Be Accurate (don’t overstate or understate the potential hazard or its effects),
    • Be Positive (people are less apt to heed signs that begin with, "Don't"),
    • Be Seen (put the sign where it is obvious, and keep the foliage cleared away),
    • Be Attractive (be as professional as possible),
    • Be Legible (if time does not permit a manufactured signs, use your best penmanship),
    • Be Proportionate (make the important words big and the modifiers small),
    • Be Obvious (avoid cute and touchy-feely – this is serious).
    • Maintain Warning Signs to continue their credibility and effectiveness
    • Rather than tell what not to do, good Warning Signs tell the safe behavior.

    SAFETY COLOR CODING

    OSHA 29CFR1910.144

    Red shall be the basic color used to mark:

      Fire protection equipment and apparatus;
      Safety cans or other portable containers of flammable liquids, excluding shipping containers. these shall be painted red with some additional clearly visible identification either in the form of a yellow band around the can or the name of the contents conspicuously stenciled or painted on the can.
      Stop, emergency stop bars, hazardous machines, stop buttons and other electrical switches used for emergency stopping.

    Yellow shall be the basic color used to mark:

      Designated Caution;
      Physical hazards, such as striking against, stumbling, falling and getting caught in-between.

    ANSI Standards:

    1. SAFETY RED: Danger and Stop
    2. SAFETY ORANGE: Dangerous parts of machines or energized equipment.
    3. SAFETY YELLOW: Designates caution. Solid yellow, yellow and black stripes, or yellow and black checkers must be used for maximum contrast with the particular background.

    Important Notice:The information on this page is for general information only. This page is not a substitute for reviewing applicable government standards and regulations, especially those noted in the text. This page is not intended as, nor should it be construed as, legal advice or opinion.

    '

    see also:

    NPA Negligence Guidelines National Parks Department Negligence Guidelines
    Negligence Guidelines from the National Parks Department

    Guidelines Nursing Home Neglect, Professional Negligence, Medical bed sore prevention and other guidelines
    Guidelines for bed sore, other nursing home neglect, professional negligence, medical and otherwise

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