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I Was Injured By a Product, But it Had a Disclaimer. Do I Have a Case?

When consumers are injured by using a defective or dangerous product, it’s often hard for them to determine who is at fault. “Was it the product that caused my injury or was it my negligence?” is a question that often runs through their minds. We’re here to tell you that yes, in some cases, an injury is indeed caused by negligence, but in many other cases, you’d be surprised to know that through litigation, many attorneys have won product liability cases against manufacturers and corporations—even to the point where defective products are removed from the market!

Now, what if one is hurt by a product that contains a disclaimer? Would he/she still have a case?

Products Liability Defined

First, let’s define products liability. If you’re unfamiliar with products liability, it is an area of personal injury law, which focuses on the negative impacts caused by defective, dangerous and unsafe products. Such products can include:

  • Medical devices such as hip implants

  • Prescription and non-prescription drugs

  • Machinery and tools

  • Food and tobacco

  • Toxic chemicals and substances such as pesticides, mold, and asbestos

  • Motor vehicles, including motorcycles and trucks

  • Automobile accessories: seat belts, tires, airbags and child car seats

  • Household products and appliances

Do Disclaimers Exempt Manufacturers and Corporations From Liability?

The short answer is, no. A product disclaimer does not 100% shield manufacturers and corporations from product liability. As long as the product is used in a reasonably foreseeable way (in other words, it’s used the way it’s supposed to), product liability attorneys have a good chance of successfully litigating such a case—even if a disclaimer is present.

You may have seen common manufacturer disclaimers that look something like this: “No claims, representations or warranties, whether expressed or implied, are made by both our companies as to the safety, reliability, durability and performance of any of our companies’ products. Furthermore, our company accepts no liability whatsoever for the safety, reliability, durability and performance of any of our companies’ products.” Sounds powerful, right? Here’s the thing: such disclaimers are not that effective because, as a customer, you have not had the chance to bargain for the loss of your warranty rights. For such a disclaimer to be effective, you had to have had the chance to make a bargain. Now, if you as a customer use a product outside of its intended use and suffer an injury, it is still possible to successfully litigate the case, but depending on the details, it can be much trickier.

When our defective product liability attorney handles your case, you are always assured of a diligent attorney who will dedicate to your case the time and attention it requires. You’re also assured of an attorney with experience as we’ve fought aggressively against many manufacturers and corporations. If you or a loved one is injured by a product, contact us.

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