Disclaimers – are these really worth the paper they are written on?

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Of course, if someone ignores all valid warnings and suffers injury, then they may only have themselves to blame.

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The simple answer is probably not and one certainly should not view them as some sort of “Get Out of Jail Free” card or be dissuaded from pursuing a claim because of one.

In reality, most disclaimers are invalid, but as ever, each case will turn on its own merits and competent legal advice should be sought, as required.

That said, disclaimers have their place and are really designed to highlight and minimise a foreseeable risk of damage, injury, or worse.

Of course, if someone ignores all valid warnings and suffers injury, then they may only have themselves to blame and be precluded from pursuing a claim for compensation if they failed and or neglected to heed such warnings.

Certainly, disclaimers do not absolve a business/organisation from liability if someone is injured or suffers a loss as a result of the negligent acts or omissions of those concerned and as a general rule of thumb, negligence will always trump a disclaimer.

Impression Communications LtdPutting the motive in automotive

Impression works with businesses across the automotive aftermarket supply chain such as parts suppliers, warehouse distributors, motor factors and independent garages. Covering all aspects of automotive aftermarket marketing, including social media, event management, customer newsletters and PR, Impression is able to quickly establish itself within a client’s business and work towards their objectives.

Howard TilneyHead of Strategy / Legal AdvisorRead More by this author

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