What is a disclaimer defense?

A disclaimer defense is a legal defense that product manufacturers and sellers can use in order to protect themselves from product liability claims and lawsuits in California. It is a form of limitation of liability that can be used when liability is asserted against the product seller or manufacturer. A disclaimer defense essentially states that the seller or manufacturer of a product is not liable for any harm or damages caused by their product. For instance, if a customer is injured due to a product malfunction, the manufacturer or seller can use a disclaimer defense if they included a warning or disclaimer in the product packaging, or on the product labels. In order for the defense to be successful, the disclaimer must be clear and conspicuous, meaning that the customer should be able to easily see and understand it. The court must also determine if the product seller or manufacturer adequately communicated the disclaimer and if it was valid within the circumstances. Product manufacturers and sellers in California can use this form of defense to protect themselves from product liability claims or lawsuits. However, in order for the defense to be successful, they must provide an adequate warning or disclaimer in advance to the customer, and the court must determine if the disclaimer was valid within the circumstances.

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What is a disclaimer defense?

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