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
The provision of a disclaimer sign, or being required to sign a disclaimer before taking part in an activity, does not absolve the organisation in question from being liable should someone then go on to sustain an injury as a result of their negligence.
When it comes to personal injury compensation, a disclaimer will not be worth the paper it is written on if the organiser of the event or activity has failed to ensure that they have adequately prepared for the risk of injury, or failed to provide the correct equipment, guidance or training needed to minimise the risk of injury.
The responsibilities to ensure that equipment is correctly maintained, properly serviced, risks adequately assessed, safety equipment provided and that hazards are marked and removed where possible, remain regardless of whether or not a disclaimer is signed or displayed. In cases where someone is injured when a business or organisation has failed in any of these areas, liability is likely to attach to that organisation and a claimant will have a strong prospect of succeeding with a claim for personal injury compensation.
On the other hand, if someone has been made fully aware of the risks of an activity and given very specific safety instructions to follow in a disclaimer, and they then chose to ignore that warning and suffer an injury, the injured person would have no viable grounds to pursue a claim for compensation as they have failed to heed the adequate warnings given to them.
A common example
Take a look at the picture giving an example of a disclaimer sign shown here. The business in question states that they accept no liability for injury, loss or damage arising from the use of this terrace unless prescribed at law. What does this mean? Does it really mean that they have no responsibility for your safety when visiting their premises?
The disclaimer shown is of no use to the business. It does not absolve themselves from the responsibilities that they and any business faces with regards to health and safety. Simply displaying a warning sign doesn’t mean they don’t have to make sure their premises are safe for use.
For example, if a business had erected this sign and then left their terrace littered with tripping hazards, sharp edges or any other risks to injury, and one of their customers were then injured in a fall or suffered a nasty laceration, the business would still be liable for the injury and loss incurred.
What to do if you are injured after reading or signing a disclaimer
If you have been injured after signing or reading a disclaimer, you can still look to make a claim for personal injury compensation. At Direct2Compensation we can quickly assess whether or not you have a viable claim. In a brief telephone conversation, we’ll be able to advise you whether the disclaimer will be a barrier to you claiming compensation for your injuries and losses.