How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lawgirl Your Own Question
Lawgirl, Lawyer
Category: Legal
Satisfied Customers: 4606
Experience:  I am an attorney familiar with the above-stated subject matter.
Type Your Legal Question Here...
Lawgirl is online now
A new question is answered every 9 seconds

Why are disclaimers of public liability not upheld by the co ...

Customer Question

Why are disclaimers of public liability not upheld by the courts?
Submitted: 9 years ago.
Category: Legal
Expert:  Lawgirl replied 9 years ago.


Thank you for your question.

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.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!




Related Legal Questions