Does a disclaimer exempt a manufacturer from liability?

It’s not uncommon that manufacturers often try to avoid liability by including a written disclaimer in the product's instructions or packaging. Even so, disclaimers usually carry no weight regarding a personal injury case since a customer isn’t supposed to consider the loss of warranty rights.

General disclaimers are only effective as a disclaimer clause in written contracts with the manufacturer. In a personal injury lawsuit, the court could find that customers who signed such agreements were aware of the danger and decided to buy and use the product anyway.

Written contracts don't usually concern individual customers but may happen for handmade, custom, high-priced products. Florida laws protect the customers and don't allow for avoiding manufacturer liability through disclaimers. Still, in some cases, disclaimers can limit liability to some extent, but they must comply with specific criteria to be enforceable.

A product liability lawyer's assistance protects your rights and interests

While producers might use disclaimers to mitigate their liability exposure, their success in evading responsibility for faulty products depends on factors such as jurisdiction, the disclaimer's nature, and the circumstances of the product's use. An expert product liability lawyer can gauge the effectiveness of a disclaimer, explain its language so that you're adequately informed, and build a case on the risks associated with the product per Florida laws and regulations:

1. Uniform Commercial Code (UCC): Article 2 of the law governs the sale of goods and implicitly disclaimers attempting to exclude or limit warranties, whether implied warranties, merchantability, or fitness for a particular purpose. The law states that even if disclaimers are included in a contract, they won't have an effect in a lawsuit if they are excessive or unreasonable.
2. Product liability law: strict product liability laws in Florida hold manufacturers responsible for injuries caused by product defects, regardless of any disclaimers.
3. Public policy: Florida courts often consider public policy factors when assessing the enforceability of disclaimers. Disclaimers attempting to shield manufacturers from liability for negligence are dismissed if they are against public safety or consumer protection.

If you were hurt by a product in Florida and need assistance figuring out whether a disclaimer is legitimate or not, an experienced lawyer like Sean M. Cleary should be able to review the unique circumstances of your case.