Do Disclaimers Negate Liability for Injury due to Dangerous or Defective Products?

July 9, 2015

Do Disclaimers Negate Liability for Injury due to Dangerous or Defective Products?

Product disclaimers have become a part of modern life over the past 50 years. A disclaimer is an attempt to absolve a manufacturer of any blame or liability in the event that someone is injured or becomes ill as a result of using the product. Often, they are effective in the event that a product is used incorrectly, but still do not completely absolve the company of liability.

50 years ago, products were essentially used “at your own risk.” These days regulatory bodies impose strict rules on manufacturers to ensure that products are free of defects and unreasonable risks. The law ensures that a product must be safe when used in a reasonable way. Even if a product has a disclaimer or a warning label, that’s not enough to defend completely against a product liability claim. When a product is defective or unreasonably dangerous and causes harm to a consumer, a personal injury claim can be brought against the manufacturer, regardless of the presence of a disclaimer.

Consumer Negligence

Companies are actually required to provide basic instructions and warnings to consumers about potential dangers of using the product. In the event that you disregard the clear instructions in a highly visible disclaimer, a court could decide that you were negligent in a personal injury case, especially if you used the product in an unreasonable way.

What to do if you’ve been injured

Even when a product has a disclaimer that tells you of the dangers of using it, if you’ve been hurt as a result of using the product as it was intended, you have grounds to file a personal injury lawsuit. Serious illness and injury can lead to very large medical bills, lost wages and lots of pain and suffering, and you are entitled to compensation. If you’ve been affected by a defective or dangerous product, even if that product has a disclaimer, speak to an experienced attorney in Arizona today.