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Top Answer out of 8 by I love my baby on Oct 2, 2007 at 7:42 am Permalink
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Highlander is semi-retired from AB Oct, 02 2007 at 11:33 AM
Perhaps it's best to read the case law.
Anonymous Oct, 02 2007 at 11:50 AM
I would recommend you do that before espousing a general rule that disclaimers are ineffective. You will notice that cases are very consistent about their treatment of indemnity clauses. The instances in which they are found ineffective nearly always falls in one of four categories: 1) the clause does not address the harm that actually occurred; 2) the clause does not adequately warn of the risks involved; 3) the clause was not conspicuously displayed as to give notice of the disclaimer (usually in cases where there is no signed waiver); or 4) the disclaimer indemnified against negligence, but the party was grossly negligent.
Anonymous Oct, 02 2007 at 11:51 AM
In some states there is a fifth scenario. That is, in some states there is specific statutory language that must be used for certain disclaimers. In those states, a failure to follow the statutory language makes the disclaimer ineffective.
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Highlander is semi-retired from AB Oct, 02 2007 at 07:47 AM
A disclaimer often has little or no weight in a court of law.
Jade Oct, 02 2007 at 07:53 AM
Oh..well in that case, I would hope that people would exercise common sense when it comes to their health. Oh wait!! I am remembering some of the questions and answers! Gee, there must be some measures that AB has taken to keep from being liable. Good question BTW. :-)
Highlander is semi-retired from AB Oct, 02 2007 at 07:58 AM
Thanks Jade.
Answer 3 out of 8 by Meow Meow 1BadMutha TBMF on Oct 2, 2007 at 7:58 am Permalink
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Meow Meow 1BadMutha TBMF Oct, 02 2007 at 10:23 AM
Unbelievable! It disgusts me to know that the courts in this country are helping to breed a society of idiots who aren't held resposible for their own actions. Are you in court often? Is this widespread?
Highlander is semi-retired from AB Oct, 02 2007 at 10:29 AM
I use to be a criminal prosecutor, so I was in court daily. It's more widespread in the U.S. than any other nation of which I'm aware. I've talked to many lawyers who spend their time in civil court and they are stunned with how things go. Personally, I wouldn't use a disclaimer as my sole means of protection in a lawsuit anymore than I'd hold it up in-front of me to stop a bullet.
Meow Meow 1BadMutha TBMF Oct, 02 2007 at 10:39 AM
That's riciulous.
Answer 4 out of 8 by CuppyCake is actually missing Ohio... on Oct 2, 2007 at 7:41 am Permalink
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Highlander is semi-retired from AB Oct, 02 2007 at 07:45 AM
That's good CC, but a disclaimer often has little or no weight in a court of law.
CuppyCake is actually missing Ohio... Oct, 02 2007 at 09:03 AM
True. However, I would hope that someone stupid enough to follow medical advice beyond that of "put aloe on a sunburn" wouldn't hold much weight in a court of law, either.
Highlander is semi-retired from AB Oct, 02 2007 at 10:20 AM
Look at the warning labels on cigarettes. It hasn't stopped successful law suits...
Answer 5 out of 8 by LadyLuck thinks on her feet on Oct 2, 2007 at 7:56 am Permalink
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Highlander is semi-retired from AB Oct, 02 2007 at 07:57 AM
:-)
Answer 6 out of 8 by Teri on Dec 7, 2008 at 10:48 am Permalink
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Answer 7 out of 8 by Sheriff Raff -Answerhag on Dec 7, 2008 at 10:52 am Permalink
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Highlander is semi-retired from AB Dec, 08 2008 at 01:07 AM
Interesting point Riff. :-)
Answer 8 out of 8 by Dr_Dredd on Dec 7, 2008 at 10:44 am Permalink
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