What is a disclaimer defense?

A disclaimer defense is an argument used in Oklahoma courts in response to a product liability lawsuit. It basically states that the defendant, who is usually the manufacturer of the product, is not liable for any damages or injuries caused by the product due to the warnings and disclaimers that were included with the product. This defense is commonly used as a way for manufacturers to protect themselves from lawsuits, as the warnings and disclaimers put the responsibility for use of the product on the consumer, instead of the manufacturer. In Oklahoma, the courts will consider a variety of factors when determining if a disclaimer defense is valid. This includes whether or not the warnings and disclaimers were appropriate in size and content for the product in question. The courts will also consider if the consumer had reasonable access to and knowledge of the warnings and disclaimers. It also takes into account if the design and manufacture of the product were done to the highest standards. Ultimately, it is up to the court to decide if the disclaimer defense is valid in a particular case. If the court finds that the warnings and disclaimers were not adequate, then the defendant may be held liable for any damages or injuries caused by the product. If the court finds that the warnings and disclaimers were adequate, then the defendant may be relieved of liability.

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What is a disclaimer defense?

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