If you’re wondering whether those liability disclaimers hold up in court, they don’t. Disclaimers, after all, only warn customers against product misuse. Take some products. Some come with a warning that tells you not to mess around with the battery or to keep it away from reach of kids or fire. With a product liability disclaimer in place, warning you to properly use a power tool for instance, you can’t go and complain about how the product being unsafe if you use it to trim your hair instead of cutting the grass on your lawn.
What are liability disclaimers good for?
They change consumer mindsets. So if you already know the risks involved in the improper use of a product, and still go ahead, there’s a likely chance that the disclaimer will be in favor of the manufacturer if you ever take the case to court. However, disclaimers are only good for warning customers about the dangers of improperly using the product. If a product breaks down, the manufacturer still has the responsibility to provide consumers with safe products.
Encyclopedia says product liability means manufacturers have a responsibility to provide consumers with goods that are safe. Customers have a right to expect that they’re buying products in good faith. So if there’s been any negligence on the part of the manufacturer, then the manufacturer is liable for any resulting injury or damages. Other legal grounds for filing a product liability lawsuit is any breach of the warranty conditions by the manufacturer along with any attempts to market the product in a misleading and deceptive way.
Product Liability Attorney
So if you think you have legal grounds, if you bought a product and find out it violated warranty conditions or have manufacturing defects that make it unsafe to use, stand up for your rights. Ask for legal help.