What is a disclaimer defense?

A disclaimer defense is a legal defense available in Utah’s dangerous products law. It applies when a manufacturer or seller of a product is sued for damages caused by a product that is found to be defective. In this situation, the manufacturer or seller can assert the disclaimer defense as a defense to the claim by arguing that the claimant was informed of the risks associated with the product before making the purchase. This legal defense is based on the concept of informed consent. In other words, a manufacturer or seller is not legally responsible for damages caused by the use of a product if the purchaser was adequately informed of the risks associated with the product before making the purchase. Under chaotic Utah dangerous products law, a manufacturer or seller can include a disclaimer, warning, or notice on the product or in the product’s instructions, which sets out the risks associated with the product. The law in Utah requires that in order for a manufacturer or seller to assert the disclaimer defense in court, the disclaimer must: (1) be written in plain language; (2) be conspicuous in size and type; and (3) be placed in a prominent place on the product or in the instructions. In order to be successful in court, a manufacturer or seller wishing to assert the disclaimer defense has to demonstrate that the purchaser was aware of the risks associated with the product before making the purchase. If the court finds that the purchaser was aware of the risks, then the disclaimer defense will be successful, and the manufacturer or seller will not be liable for the damages caused by the defective product.

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