Pressure cookers are harmless, great for quick cooking, and cost-efficient. But, it’s one of the known kitchen products that got involved in injury lawsuits due to explosions of it when in use. In specific, Yahoo Finance detailed that Tristar Product’s pressure cookers have received more than 900 customer complaints of the same concern, for customers were not fully made aware of the dangers and risks of using it. Now, what would Tristar company would have made? Well, they would have utilized product liability disclaimers, and provided explanations to their target market about their pressure cookers. With that in mind, you’ll be able to avoid the same problem that the company mentioned above dealt with. Meaning, you must create and have product liability disclaimers for your consumers and customers.
9+ Product Liability Disclaimer Samples and Templates
1. Product Liability Disclaimer Template
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How to Make an Effective Product Liability Disclaimer
One of the most unbelievable product liability lawsuits, according to JD Supra, LLC, was that of McDonald’s coffee in 1994. The plaintiff was Stella Liebeck, and she filed a lawsuit for the third-degree burns that she got from the coffee, which was accidentally poured on her. Her lawyers argued that the temperature of McDonald’s coffee was above the reasonable 180 to 190 degrees Fahrenheit, and as a result, Liebeck won the case and got a $2.7 million award.
The above example is just one of the hundreds of product liability cases that a lot of companies got involved in, be it a perishable or not perishable product. So, you better keep the following tips in mind for you to have an assurance and security that you have informed your consumers well about your product and that you won’t be liable for any injuries caused by your consumer’s reckless behaviors:
1. Use Layman’s Terms
Regardless of the demographic differences of your target market, laying out your liability disclaimer’s terms will be better if you consider their levels of understanding. And the safest way to do this is to use common words or phrases, instead of scientific and legalistic terms. But, if there are specific words that you must add to your disclaimer, then you must place explanations, too, so that you will have an assurance that you are delivering the right and accurate definition to your target market or audience.
Stating specific instructions, guidelines, terms, and conditions will benefit you, as the product manufacturer, and your customers as they consume your product. So, in order for you to have detailed specifications, you must first enlist what you want to include in your product liability disclaimer. And if there are timeframes that your customers must note, then you should include in, as well as other essential legal notices and agreement terms. Apart from that, you must also state or include the list of health and safety guides with the risks and hazards that your customers may face if they don’t heed the instructions you wrote in the disclaimer.
3. Consider Future Circumstances
Change is constant, so you must inform your customers about it, too—specifically the changes in your products and its accompanying liabilities. Moreover, you must state that any changes or alterations in the terms and conditions of the liability disclaimer will be implemented immediately, and prior notice may not be available for the customer. On the one hand, you can also opt to add a contact information section in your disclaimer. What for? Well, it will be the area where your customers can provide their personal data and phone numbers or email addresses for you to reach out to them when changes in the disclaimer occur. But, of course, the choice is up to you and the rest of your company partners or co-owners.
And lastly, you should also incorporate statements about the termination of the disclaimer. This includes a change of ownership in your company, or maybe if there are new versions of the products.
Can I use a product liability disclaimer to any products I make, sold, and distribute?
Yes, you can use product liability disclaimers to anything, be it machinery, equipment, supplies, food, liquid substances, or perishable and non-perishable materials. Just take note that you must customize your disclaimer and state the name and type of your product along with its descriptions, uses, benefits, and risks.
Are product liability disclaimers really effective against lawsuits?
Yes, but only if they have everything laid out and specified about the product and its uses, and if the benefits of using the product outweigh its risks. So, when you write and make your disclaimers, always remember to specify and include every possible concern and issue which may arise and will occur as your customers use your products.
Is a product warranty disclaimer similar to a product liability disclaimer?
No, the two documents are not the same. Although both of them focus on disclaiming something, a product warranty disclaimer only removes the right of a consumer to claim his warranty. On the one hand, product liability disclaimers remove the rights of customers or anyone to request for the product manufacturer to be liable for incidents, injuries, and accidents pertaining to the usage of the purchased product.
Product liability disclaimers are essential for any company, manufacturer, or seller of various products. This document protects and secures the company that they inform the clients, customers, or consumers properly about the use and hazards of their products. So, if you need one right now, or just needed a guide for making one, then choose from our list of examples, sample forms, and templates above. Each of it is downloadable, free, and editable to suit your needs. What are you waiting for? Choose and download any of our samples now!
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