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 .

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Comments & Questions

Read on for questions and advice about claiming...

All members of our allotment would like to use the grass cutting machines as and where they need to around their individual area. At the moment they are not allowed access and only three or four insured users may operate the machine.
This problem started several years ago with the rapid climb in injury claims against allotment organisers.
My question is …if all the users are registered as the owner of the machine/s is anyone particular individual liable for another persons injury in a court of law?

In general terms, so long as the lawnmowers are regularly serviced and checked for any faults and every person wishing to use the machines has been trained in the safe use of them, there should be no grounds for anyone to pursue a claim against the owners of the machinery.

I own a holiday cottage in my private land, the land is 40 acres and fenced in, no animals or activities only a walk way, how do I ensure I am covered for any guests if injured? Do I put up a disclaimer sign and also add Disclaimer to my Terms of contract?

This is a matter you need to discuss with your public liability insurance provider. However, you do need to ensure that the property is well maintained and that you make the process of reporting any potential repairs or defects clear to your renters and that you identify any potential hazards to health. Given the description of the land, you probably have no issues to consider with regards to the land itself, but you should ensure that the walkway does not have any tripping hazards or slip hazards.

We live in a set of converted barns and the properties have shared access and use to the central court yard area as well as the access into the courtyard from the main road. Because these facilities are on private (unadapopted land) and common to the properties a Ltd management company was set up (at property development stage) to manage the shared facilites with regards to upkeep and maintenance etc.

Would it be appropriate for a disclaimer to be displayed on behalf of the management company at the entrance to access and courtyard advising users to enter and use these areas at their own risk? And to what degree would the Management Company be liable if an accident were to occur?

Disclaimers are useful reminders to individuals to take care and can limit the liability of a landowner. However, simply erecting a disclaimer won’t absolve the management company of liability should someone sustain personal injury due to any negligence or if the management company allow the area to be in disrepair and for hazards to be in situ.

The safest way forward is for the management company to operate a monthly inspection of the area in question to check whether there are any obvious risks of injury – tripping hazards, disrepaired ground surfaces, protruding metal etc etc. If appropriate records are kept for all inspections and appropriate maintenance work is undertaken for any identified hazards, it is most likely that negligence would not attach should someone subsequently sustain injury as it would seem clear that the management company had employed a regime of inspection and maintenance that was of a sound nature.

I signed a disclaimer at a trampoline park but subsequently broke my leg very badly just bouncing on a trampoline. My issue is that I was asked to move off the trampoline after the accident, resulting in severe pain and distress. I could not move, was asked if I needed an ambulance cause it could take 4 hours! They told my son they did not believe it was broken and I would just ‘walk it off’ 5 months later I still cannot walk. I have a tibial plateau fracture type 6 which is a catastrophic break. I would like to know if I can make a claim against the trampoline park?

The fact that you signed a disclaimer, would not (in and of itself) rule out the prospect of you ever being able to take action against the organisation that is asking you to sign the same. However, to pursue a claim against the trampoline park you would need to be able to establish that their negligence lead to you sustaining your injury. The disclaimer you would have signed in this case would confirm that you have acknowledged that there is an inherent risk of injury in taking part in such activities as trampolining. Therefore, in such a case our view is that you would only have valid grounds for a claim if your injury was caused due to a fault with the trampoline (such as it breaking or tearing when being used). It would appear that there was no such issue in this case.

The further issues you mention regarding their approach to first aid is somewhat of a red herring. Whilst they may well have handled your injury poorly, the staff at the trampoline park are not medical professionals and although they could and should have been more caring, their actions did not cause your injury.