Free Product Disclaimer Example
Product disclaimers are somewhat new in the advertising industry. Most older people remember when you used a product at your own risk and there were no warnings or disclaimers attached or included. In that era, if you were injured by using a product, in most cases, you would have no recourse for legal action unless gross negligence on the manufacture was obvious.
As government regulations became mandatory, the product disclaimer was born and became a requirement for many manufacturers.
Basically, a product disclaimer releases a producer of products (manufacture) from liability should a user of the product sustain damage or injury as the result of using the manufacture’s product in a manner in was not intended for.
As an example, if an individual uses a ladder as a support for a part of a wall which proceeds to collapse and injures the user the manufacture would normally not be responsible because of the careless use of the ladder by the user.
A product disclaimer attached to the ladder would normally protect the manufacture if the ladder was used in a manner that was careless or for a situation which it was not designed to be used.
As with any agreement, the language in a product disclaimer is important; if not drafted properly, a product disclaimer may not protect the company for the specific product it was drafted for, and could open the manufacture up to legal action from consumers.
If a manufacture drafts a product disclaimer stating that no warranties are associated to the product, such wording may not be sufficient to prevent legal action should a person use the product wrongly. However, using the language that no warranties of any kind, either express or implied, is included in the manufacturer's product, could make a significant difference in a court of law.
When the language “warranties express or implied” is used, it will help protect the manufacturer from the consumer’s assumption that the ladder would make a safe temporary support for a risky part of a wall.
Although there is no guarantee, your company will be protected by using a disclaimer, they can protect your company. For every legal claim against a company goes it to court, there are hundreds that don’t even make it past the stage of the initial consultation with an attorney.
Referring back to the ladder scenario again, the individual who misused the ladder might get injured if the wall collapses, but most good attorneys would probably discourage their client against suing the manufacture of the ladder because of the disclaimer. The obvious exception would be if the ladder was manufactured with defective materials or constructed improperly.
It is always a good idea for manufacturers to attach their disclaimer to their product so it is not easy to remove and ideally for the life of the product. This way, the consumer cannot say the disclaimer was missing from the product.