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Product liability disclaimers don’t really protect manufacturers

On Behalf of | Oct 26, 2020 | Products Liability

Consumers assume that the products offered by merchants are as safe as possible when they’re looking to make a purchase. They don’t expect that they will have to deal with an unsafe product as long as they’re using it properly. When a consumer suffers an injury, they may choose to seek compensation against the manufacturer for an unsafe product. The manufacturers may battle against this claim.

Some manufacturers will attempt to claim that the liability disclaimers on their products are sufficient enough to prevent lawsuits; however, this often isn’t the case. For the most part, the liability disclaimers are meant to help battle against warranty claims regarding the functionality of the product. These disclaimers don’t offer protection against lawsuits when there’s an injury.

There are some cases in which a notation is made regarding that there isn’t a warranty made for the safety of a product, but this usually doesn’t have any weight in court. Instead, the court is going to look at things like what type of warnings and instructions the product has for the consumer. These must be based on foreseeable risks, so there are some strict requirements for them.

The best way that manufacturers can protect themselves is to enter into a written contract with the consumer. This usually doesn’t happen, and a consumer can’t be expected to give their rights away in the store simply by purchasing a product.

Any consumer who’s injured by a product should get the medical care they need. Once this is obtained, they may opt to pursue a claim for compensation if the manufacturer’s negligence played a role in the injury. This helps them recover damages that they’ve suffered due to the injury.