Injury disclaimers – do they prevent the right to claim compensation?

By Ian Morris | Updated April 19th, 2024

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What is a personal injury 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. 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 from being held liable should someone end up suffering an injury or a loss. In most cases, disclaimers are not legally binding. We’ve succeeded with many claims for compensation where claimants have signed a disclaimer.

Disclaimers provide 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 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.

Disclaimers should only be seen as a warning to patrons or participants, rather than absolving liability. They exist to minimise injury risk when the instructions in any signed disclaimer have been followed.

Disclaimers and personal injury compensation

The concept of negligence is at the core of personal injury compensation, and negligence overrides any disclaimer. The provision of a disclaimer, or being required to sign one, does not absolve an organisation from being held liable should someone sustain an injury as a result of their negligence.

A disclaimer will not be worth the paper it is written on if the business has failed to adequate prepare for the risk of injury.

Organisational responsibilities

All businesses and organisations have a duty of care to minimise the risk of injury. Their responsibilities could include:

providing the correct equipment
providing the correct guidance or training
maintaining and servicing equipment
adequately assessing risks
marking or removing hazards where possible

The duty to maintain a safe environment remains regardless of whether or not a disclaimer is signed or displayed.

Liability and successful claims

When a business has failed in any of these areas, they can be held liable should someone be injured as a result. In such cases, a claimant will have a strong prospect of succeeding with a claim for personal injury compensation.

Exceptions and limitations

Where claiming becomes more difficult is if someone has failed to heed the warnings in a disclaimer and then gets injured. For instance, if they were fully aware of the risks of an activity, and given safety instructions to follow in a disclaimer but chose to ignore them. Here the injured person would have no viable grounds to pursue a claim for compensation.

A common disclaimer example

Disclaimer: we accept no responsibility for loss or damage

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, a business displays a disclaimer like this, but leaves their terrace wet and slippery, littered with tripping hazards or any other risk to injury. One of their customers is then injured in a fall or suffered a nasty laceration. The business would still be liable for the injury and loss incurred, and a claim can be made.

Claiming 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.

Thinking about claiming compensation? It’s usually really quick for us to find out if you have a valid claim, just leave a question below or call us on 01225 430285, or .

51 questions have been answered on this subject - ask us your question

Comments & Questions

Read on for questions and advice about claiming...

I signed a disclaimer for cataract operation, I was told I would be able to see without spectacles but not for reading, I was happy with that but in the event my vision is now worse and was told I will need spectacles for long sight.
Before being signed off I was told the results were less than they hoped for and the operated eye now had slightly shorter vision.
Before signing I was advised of the risks but also that I would be able to see clearly without spectacles, so of course I signed.

The fact that you were presented with and have signed a disclaimer ahead of the surgical procedure is a standard protocol. With the best will in the world, with any surgical procedure, there is a risk that things won’t work out as hoped. Clearly in your case, the outcome is not what you had hoped for or perhaps been told to expect. However, that in and of itself does not indicate that there has been negligent treatment.

You may well have grounds to pursue a claim for clinical negligence compensation, but only if it is found that the way you were treated was incorrect or negligent. Firstly, you need to complain to the Hospital and Department who provided the surgery and ask for clarification of the procedure you underwent and whether anything ‘went wrong’. Depending on the responses, you may wish to seek a 2nd opinion (ask to see a separate specialist). If anyone advises you that the issue could be attributed to a mistake or negligence, you would then be able to pursue a claim for optician negligence compensation – something we can assist with.

Can i claim compensation for a broken leg needing surgery and still have ongoing issues 9 months later. If I injured myself on a drop slide having signed an acceptance of risk and Injured myself by how I landed but the website says participants would have a safety briefing for all activities which did not occur for the drop slide.
I signed the accident book and said I was ok and I’d just landed funny when i left to go to hospital but obviously was in shock and didn’t know I should have had a safety briefing or that I would still be having issues 9 months on and still be on restricted duties at work delaying my promotion etc.

Have you ever made further contact with the venue in question to update them on your injury and query the lack of any safety briefing?

As an accident book entry was completed at the time, it may be possible to pursue a claim for personal injury and if there was any further follow up with the venue in question, there could be sufficient evidence available to enable our specialist Solicitors to succeed with your claim.

So I went to bongos bingo last night where everyone was encouraged to get up and dance on the benches. I actually fell off and I’ve broken my wrist. On reflection the benches are not stable enough to be on. Do I have a case thanks?

Was an accident book entry completed? If not, make sure you write to the venue/company and report what happened and the injury sustained.

To get further advise with a view to starting your claim for compensation, please call us on 01225430285 or use our website form to request a call from us.

I slipped in a shop and later emailed them to tell them about my injuries (they did not take my details at the time even though they saw I was clearly injured ) and that I thought they could improve the stairs I slipped on. They emailed back to apologise for not taking my details at the time and that they are getting someone in to improve safety as well as doing a new risk assessment the next day. However at the bottom they have added a disclaimer to say I cannot share their email.
I went to minor injuries the next day to get myself checked out, missed a days pay & am still in pain.
Is there anything I can do to get compensation?

The attempt to prevent you from sharing what the 3rd party has said to you with chosen trusted parties – such as a Solicitor acting for you in a claim against them is bizarre. On what basis do they consider that they have the ability to prevent you from doing so?

You have done the right thing in emailing the store after they failed to take your details and complete an accident book entry at the time of the incident. This ensures that there is evidence available to support your claim. Please call us on 01225430285 so that we can discuss the incident and help you to start a No Win No Fee claim for personal injury compensation. Alternatively, you can request a call from us by providing some further information via this link: start your claim

Damaged asbestos has been discovered in my home in the bedroom of a housing association property. I live on the ground floor, i have been requesting that my housing officer and a building inspector needs to visit my property since the end of July last year. I was reassured not to worry they weren’t going to evict me? Offered different options of where I could go or be relocated to, when I had signed a disclaimer.

In a case like this, it is vital that you ensure that you only enter in to written communications with your housing provider – you should detail all issues of maintenance and risks to your safety or security and you should also cite any issues you have faced in terms of physical pain or emotional distress due to their lackadaisical approach to the reports you have made to them. You should also seek relevant medical attention from your GP to discuss both the physical and emotional trauma caused to you by this incident and request an appropriate referral to a specialist.

Ensuring the above is completed will give you the best possible chance of succeeding with a claim for personal injury compensation – something our Solicitors can assist you with on a No Win No Fee basis.

Hi Ian, my husband has fallen on a jetty, he has broken his ribs,it had been raining and our jetty was very slippy. Our jettys have not been replaced like all the others. There is a disclaimer as you walk on the jetty.

Do you know why this jetty had not been replaced and whether the replacement jetty’s would make such a fall less likely? Unless the jetty in question has been reported as hazardous and in need of repair/attention prior to the incident, it is unlikely that it would be possible to succeed with a claim.

Hi Ian,
I was just doing a quick trawl on the internet regarding disclaimers and came across your article above and your replies to posts. As a H&S professional I just wanted to say that this is a good, balanced and informative review of the use of disclaimers. Also good advice to the posts below. Thanks.
Brod Paul CMIOSH, FIIRSM, FIIAI, MIFireE, MIFSM

Thank you for your comment.

I was injured on a water obstacle course had 2 surgeries on my leg . Have evidence with a picture my injuries are due to negligence. I am told from the owner has no insurance and that I did sign a disclaimer.
If he doesn’t have insurance have I any way to make a claim with no insurance ?
Regards

Is this a water obstacle course that is open to and marketed to the public? If so, one would expect them to have suitable insurance cover in place.

Many thanks for your speedy reply to my question it clears things up for us. I agree the club have been generous in their offer.

You are welcome, I hope you enjoy the free night away and that the insurers are speedy in setting the claims for vehicle damage and theft.

I am Chairman of a very small classic 4wd drive owners club. Four times a year we like to meet up for a run in various parts of the UK. These are always on the public highway, but often include a substantial amount of ‘green lanes’ which can be uneven, overgrown and for short sections can be challenging. Before the event we ask members to sign a disclaimer to show that they understand the nature of the route and that they are driving on their own insurance. and at their own risk. There is no compulsion to attempt a section that they do not feel competent to drive, although the vehicles themselves are hugely capable. If a driver makes a mistake or attempts a section beyond his capabilities, can the club be held liable if an injury should occur. Is a disclaimer of any use in these circumstances.

It is hard to see how any individual could hold your club liable should they have an unfortunate accident in the circumstances you describe.

I have been asked to sign the following waiver. Can they enforce this specific exemption if they are responsible?

I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS EVENT AT THE CLOCKWORK HOTEL, including but not limited to, any risks that may arise from negligence or carelessness on the part of the persons or entities being released (The Clockwork Hotel), from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.

No organisation can expect to see a waiver of the type you quote stand up in a court. No party can absolve themselves of liability should they have acted negligently!

I have just started a company doing outdoor activities and have full public liability insurance for the activities we cover. In that case do I actually need to have groups sign a disclaimer?
Thanks for any advice.

As I have previously said, a disclaimer in and of itself is worthless. However, adding a disclaimer to the full provision of safety warnings, full risk assessments and induction training to all participants in the activities you undertake is a very sensible move.

The disclaimer should reference the training/guidance given and that should any participant fail to act on the instruction and guidance given or not wear the safety items provided, consume alcohol or act in a dangerous and inappropriate way, that you will not accept liability.

We want to go canyoning, and the form the company running it wants us to sign explicitly states that they will not be liable in case of negligence. Should we sign it?

No disclaimer and no organisation can avoid liability if they are found to have acted negligently. In this case, the disclaimer should be signed but only once the organisation has provided a comprehensive induction and provided clear advise as to the instructions that you must follow and explained the unavoidable risks that such an activity will present.

Hi, I’m going to be running beginners snorkelling sessions on my local beach. I’m qualified and have the relevant liability insurance. I’ve been using a waiver – liability and assumption of risk form that the training association uses. I have been told this isn’t necessary as in UK law this wouldn’t stand in court if there was a claim against me. Is this true and what is the legal requirement? I want to ensure that people are aware of the risk, that they conduct themselves in a way that they understand the risk, that they don’t take part if they have any medical or health conditions that would put them or myself at risk or lead to an injury I have to deal with. I’d welcome your advice. Thank you

Disclaimers have a valid place in the prevention of injury, loss and indeed in being held liable should injury or loss occur. However, simply displaying a disclaimer on it’s own is not a sufficient process to make sure that you cannot be liable.

In your situation, you obviously need to make sure that each and every person joining in a session has been given an appropriate briefing of the process that they will go through, a clear explanation of the ‘do’s and dont’s‘ and perhaps be asked to sign a checklist following such a briefing to confirm that they have been given such a briefing. You’ll also need to ensure that your qualifications remain up to date and that you regularly check your equipment for maintenance issues, repairs and replacements etc.

I have signed my child up to a holiday club. However the wording of the disclaimer they are making me sign is worrying me. It says very bluntly I agree that if my child is injured or dies during their care (insert name of club) is not responsible and claims cannot be made by myself or anyone representing me please sign….

Is this allowed? Surely they have to take some responsibility, does this mean they can neglect and not be held liable?

The holiday club cannot absolve themselves of all or any responsibility to the well-being and safety of your child when you place them in their care. Their disclaimer would not mean that they have zero responsibility.

Hi,
The timber decking forming the walkways on my boats marina mooring is very slippy and dangerous when wet or icy and has multiple loose boards that form a trip hazard. The marina managements answer is a notice saying surface slippy when wet. I am concerned that one day a moorer or visitor will slip and be injured or worse fall into the river. Can the marina management absolve themselves from responsibility in this way?

If reports are made to the owners of the property that it is extremely dangerous and needs attention, the disclaimer that they have erected is probably insufficient. An argument could be made to say that the surface of the decking used on the walkways requires a non-slip or textured ‘grip’ surface to be applied.

Any report you make to them of the hazardous nature of the surface should be in writing.

I have recently visited a private island in the river Thames where I moor my boat.

The island is a mixed wood and grassland landscape with a path down the middle and mowed paths to the boats.

The island ( limited company) has just installed a sign warning of “uneven ground and trip hazards”.

Does this disclaimer protect them from liability if I trip and fall whilst attending my boat?

The disclaimer is worthless if the landowner is then negligent with regards to the maintenance of the public spaces on their property. In this case, the island owners need to carry out routine inspections of the site to identify any hazards and then carry out repairs on those hazards in good time. They may also rely on visitors reporting hazards to them and if so, must repair those hazards.

So is there any point in the sign remains up?

It is generally considered to be unsightly.

The company has operated for 40 years without it, it has been up for two days.

Basically will the company come to any harm if they now remove the sign?

The disclaimer is a useful tool in reminding people that there may be risks that cannot be mitigated, so having such a sign is a sensible move. However, as previously said, the sign is only one part of the tool kit when considering prevention of injury or loss.

Hello Ian.
In our nearby estate park, local council owned area, one of our neighbours added a swing in one of the big trees.
Initially, it was for his child but other kids used the swing and it did have a disclaimer that the use was at swing user’s risk.
All was well and as a neighbourhood we were happy, until someone left their kid unattended and they hurt themselves by not using the swing as intended. (The kid tried to climb from the swing to tree brunch and fell.)
Now, we are hearing of being sued and us being complicit as we didn’t report the swing to the council.
Is there a case? Is the neighbour and us responsible?
I feel like someone leaving a bike in a park, someone uses it without permission, hurts themselves and the bike owner being responsible.
What can we do as a neighbourhood but also assist our dear neighbour who went to the trouble of erecting the swing.

There is no way that you could be brought in to any claim – even if one was made (which I can’t see being viable!) – as you didn’t erect the swing and have no duty to do anything about it.

I have a case-study and they asked me if there is a sign in a coffee area stating the following: ‘the defendant accept no liability for death or personal injury howsoever and wherever caused’.

I read that under Consumer rights act 2015 (s65) a trader can’t exclude his liability for personal injury or death and parties can’t contract out of this law. therefore, my question is if the warning signs never release the guilty party from liability according to this law even if the injured party knew about it. Am i right?

Nobody can escape liability if it is shown that they were negligent and could have prevented an incident that lead to an injury if they were not negligent. A disclaimer cannot remove someone from the risk of being liable for causing injury or death. A disclaimer can be seen as part of the process of ensuring that all the risks posed by a certain activity or working practice are appreciated as dangerous and reminding individuals of their own responsibilities. However, you cannot escape liability by way of having erected a disclaimer notice.

My local golf course now has many people wandering across the fairways, sitting around the greens and amongst the trees. It is a private course with public footpaths running across, if a ball was to injury a member of the public not on a footpath would I or the club have any liabilities, I do have golf insurance.

It is unlikely that an individual golfer would face any liability should one of their ‘shots’ hit a walker and cause personal injury. Of course, both golfer and walker need to use common sense and look ahead before either taking a shot, or crossing a fairway. As for sitting around the green, that should not be allowed as it is asking for trouble!