Coronavirus (COVID-19) Update: We are fully operational and remote, we are available over the phone 8am-5pm Monday-Friday, available over email and able to provide services to our existing and future clients. More FAQs »
English or Spanish
The law guarantees that the device will be safe when used in a predictable and reasonable way, regardless of product liability disclaimers. That may differ in case of written contracts that contain a disclaimer clause signed by the customer. Contact an attorney for a customized assessment.
A product liability disclaimer does not usually work as a shield for the manufacturer in cases when the customer purchased the defective product from a store. For clients, the law guarantees that the device will be safe when used in a predictable and reasonable way. It is true that manufacturers often try to avoid taking responsibility for their devices by inserting a written product liability disclaimer. Even so, they are usually not being taken into consideration by the judge because, as a customer, you have not lost your warranty rights.
The only situation where such disclaimers are sometimes considered being available are the ones where written contracts that contain a disclaimer clause have been signed by the customer.
Also, if the disclaimer warns customers about the risks that the misuse of the product implies, your product liability claim will not be considered a valid one as the judge might agree that you were aware of the fact that a particular use of the device would lead to injury. This kind of written contracts are not common but they exist, especially for handmade products or another custom, high-priced devices.
However, if you find yourself in one of the situations mentioned above, the best option for you would be to consult a product liability attorney to evaluate your case and advise about what to do next. Call our Miami based office at 305.416.9805.