In law, a disclaimer is an announcement; written or broadcast, refuting responsibility.
Disclaimers are commonly made to protect the person making the statement from civil liability which may be the outcome of his action or omission in a specific situation.
In the course of business or every day activities including medical procedures, purchases or sports, we may be asked to sign a disclaimer.
Even where we do not sign the disclaimer, it can still be effective even when it is just in form of a notice meant to be read or an announcement in the media.
For example;
Our law recognizes that an occupier of land will have certain duties to take care for the personal safety of people he or she allows onto the premises.
By placing a sign at the entrance to the premises, such as “visitors enter at their own risk”, the occupier may be able to stop entrants from successfully suing in tort for damage or injury caused by the unsafe nature of the premises.
Also, when a disclaimer is published in respect of a former employee, it means that any person who deals with him assumes the risk and the employer will no longer be liable for transactions with the disclaimed employee.
Sometimes, the courts may or may not recognize the disclaimer depending on;
whether the law permits exclusion of liability in the particular situation and..
whether the acts or omissions complained of fall within the wording of the disclaimer.
A disclaimer may be included as a term of the contract between the party making the disclaimer and the party/audience who is thereby prevented from suing.
This kind of disclaimer is, for example, usually contained in the ‘terms and conditions’ column in any agreement.
Liability for negligence occasioning death or personal injury cannot be excluded by a mere disclaimer.
The truth is the majority of disclaimers are invalid so you should not let a disclaimer stop you from pursuing a claim.
Bonus
Disclaimers should be clear, concise, and general. The goal is to specify the limits of your professional responsibility or liability.
A disclaimer is essential because it helps shield your business against legal claims.
Disclaimers warn users that you will not be held answerable for injuries arising from the use of your website, products, or services.
It is wise to consult a trained professional when you need to protect your interest through a disclaimer or you find yourself in a situation where a disclaimer is likely to expose you to high risk.
