Q.

Ohio has just passed a new law allowing for the individual right to carry a concealed weapon, if the person is properly licensed.  The law also allows for business establishments to post a notice forbidding the carrying of weapons while an individual is on the premises.  Many businesses are posting such a notice. 

It is certainly politically correct to post the notice, but my question is, does it actually decrease our risk of liability, or might it actually increase our risk.  The logic behind the increased risk theory, is that if a person sees the sign and then "assumes" that they are "safe," and then something bad happens, is there a possibility that the risk exposure is actually higher than if the sign was not there?  Could the victim or the victim's family say that seeing the sign that we posted actually caused them to reduce their person carefulness (or vigilance) and that is why they were hurt? 

In reality, the people who are licensed under the new law are probably a lesser risk than those who were carrying guns illegally into the agency all these years in the past.  But, with the new law on the books, mental health agencies in Ohio are scurrying to get these prohibition signs posted.  I am not sure if it helps or hurts.  Can you help?
 

A.

The law generally requires business owners to do what a reasonably prudent person would do to make its premises safe for persons coming onto the property. Thus, if you are aware of a dangerous condition you should take steps to correct it. For example if you are aware that someone has spilled liquid onto the floor making it slippery you should clean it up.

It seems unlikely to me that a sign posted pursuant to the new Ohio statute would increase the risk of a successful lawsuit.  People cannot reasonably believe that the sign makes it impossible for a person intent on breaking the law to bring a firearm onto your premises and to use it.

On the other hand, if you have some reason to believe that people regularly bring firearms onto your property, you should take appropriate steps to detect the firearms and prohibit access to your property. Since your Center deals with people who are potentially violent a reasonably prudent person would do what is appropriate to make the premises safe. Not taking steps to deal with a known dangerous condition is much more likely to result in liability exposure than posting a sign prohibiting firearms.