What is a disclaimer defense?

A disclaimer defense is a legal strategy used by companies to protect themselves from liability in the case of a dangerous product. It is based on the idea that if a company can prove a customer was aware of the risks associated with the product before they used it, then the company is not liable for any injuries or damages caused by the product. In New York, a company may use a disclaimer defense if they can show that the customer was given a written warning about the risks associated with the product. This warning must be clear and easily readable, and must be placed in a prominent location on the product’s packaging or instructions. By using a disclaimer defense, a company can avoid responsibility for any damages caused by their product and the customer must take responsibility for their own safety.

Related FAQs

How can I prove that a manufacturer was negligent in a product liability case?
What is an “open and obvious danger” defense to a product liability claim?
What is a warning defect?
Can a seller or distributor of a product be held liable for product defects?
What is a warning defense?
What are the steps in filing a product liability claim?
What type of evidence do I need to prove a product defect?
What is contributory negligence?
Is there a time limit for filing a product liability claim?
What is a “dealer’s knowledge” defense to a product liability claim?

What is a disclaimer defense?

Related FAQs

Related Blog Posts