What is a disclaimer?

A disclaimer is a statement that is used to enforce an individual’s right not to be held liable for certain events or to limit a person’s responsibility for a certain event. In South Carolina, disclaimers are commonly used in the area of contract law to help protect parties from certain liabilities and to define the limits of a party’s liability in the event that something goes wrong. A disclaimer usually contains a language that stipulates that one party (the “disclaimer maker”) is not responsible for any certain liabilities, claims, or damages that could arise out of a certain activity or transaction. This can include a disclaimer of warranties, a disclaimer of liabilities, and a disclaimer of damages. For example, a disclaimer may state, “The seller shall not be liable for any direct, incidental, consequential, indirect, or punitive damages that may arise from the use of this product.” It is important to note that disclaimers are not always enforceable in South Carolina. If the disclaimer is not written in an appropriate manner, it may be found to be unenforceable and therefore it will not protect the maker from any liabilities or damages. For this reason, it is wise to consult a qualified attorney who can help ensure that disclaimers are properly drafted and enforceable.

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