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There are a couple of reasons that disclaimers of public liability are not upheld. Courts are mindful that the public interest demands consumer protection, if disclaimers of public liability were withheld, consumers would not be protected. Additionally, many times consumers are forced into positions wherein they have no bargaining power and are forced to execute disclaimers taking away their protections. These are adhesion contracts which force the consumer to disclaim public liability, without the power to negotiate otherwise. Additionally, many individuals do not fully comprehend and are not mindful of the dangers that may befall them, so they are executing these disclaimers without informed consent or understanding.
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