I heard posting a beware of dog sign can be acknowledging ones dog is dangerous. Also, because of that, it might cause issues if the dogs bite.
Originally Posted by mydallas1
That's not the clearest statement I've ever read, but I think you're saying if you post a 'Beware of Dog' sign and the dog bites someone, the victim can't recover damages from the dog owner. I don't know about other states, but that's not the law in Texas. The defense is called 'assumption of the risk,' and there's no such defense in Texas to a negligence claim. Texas is a 'comparative negligence' state, meaning the finder of fact is permitted to attribute percentages of fault to the parties. For example, if the jury awards a dog bite victim $10,000 but states the plaintiff was 10% responsible for his injury, the award is reduced by 10%. The plaintiff's degree of fault must be less than 50% to recover. The factfinder could be allowed to consider the effect of a 'Beware of Dog' sign, but such a sign is far from a slam-dunk defense.
I don't think a disclaimer in a provider ad or profile is comparable. Such disclaimers have no legal effect and, as I've written before, using one as a defense at trial risks pissing off the factfinder because you'd basically be calling the factfinder an idiot.