What is a disclaimer?
Disclaimers are used to provide a warning to people visiting a premises or partaking in certain activities. They are designed to make sure that people are made aware of foreseeable risks of injury, or where responsibility will rest if items are lost, broken or stolen. Often when we take part in a potentially dangerous activity, the organiser will ask the participants to sign a disclaimer to confirm that they are aware of the risks the activity presents.
Many such disclaimers
seem to indicate that the business or organiser can in no way be held liable if there is an injury as a result of the activity. We have all read the wording ‘the Management accept no responsibility for injury or loss of property’. However, the fact is that displaying a notice, or asking someone to sign a disclaimer,
does not completely absolve a business or organisation from being held liable should someone end up suffering an injury or a loss. We’ve succeeded with many claims for compensation in such cases.
Reduction of risk, not responsibility
Disclaimers should be seen in a good light when they are used correctly. Making sure that people appreciate certain activities are dangerous and that risks are understood is a good thing. We all want to reduce the risk of injury and see less accidents happening. When people know what the risks are, they are minded to act safely and follow instructions carefully. Even with obvious risks, we benefit from being reminded.
However, many businesses or organisations use disclaimers as a way of trying to absolve themselves of any responsibility for health and safety. The wording is aimed to discourage people from
pursuing their right to seek compensation for any injury they sustain.
Disclaimer should only be seen as a warning to patrons or participants, rather than a prevention of any liability and used only to make sure that when the instructions in any signed disclaimer have been followed, the risk of injury should be minimised.
Negligence overrides any disclaimer