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.

ECSC Group plcMore Secure

On average 55 vulnerabilities are identified daily.

What can I do?

Review your organisations priorities and ask ‘can we afford a breach?’. What do I do during an incident? Who do I involve? When do I involve the ICO?

If you’re unable to answers these questions, you need help from the experts.

Howard TilneyHead of Strategy / Legal AdvisorRead More by this author

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