What is the effect of a waiver or release on a product liability claim?
A waiver or release is a legal document that can be used to free a company from potential product liability claims. In California, a waiver or release means that the company may not be held liable for the use or misuse of a product. This document prevents the user from suing the company for any injuries incurred while using the product. Waivers or releases can be signed at the time of purchase, at the time of use, or even before the product is used. A waiver or release typically requires that the signer agrees to waive their right to sue the company in the event of an injury sustained while using the product. Generally, a waiver or release will not protect a company from a product liability claim if there is evidence of negligence. Negligence occurs when a company fails to exercise reasonable care in the manufacture or sale of the product. For example, if the product is known to have a defect, and the company does not take the necessary steps to correct it or warn consumers, a waiver or release would not prevent a lawsuit. In California, a waiver or release of a product liability claim is a way for companies to reduce the chances of being held liable for any damages related to the use of their products. However, this document does not guarantee that a company will not be held responsible should a negligence claim arise.
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