Legal basis for disclaiming responsibility
April 18, 2006 8:16 AM Subscribe
What legal support is there for an entity to disclaim responsibility?
posted by toomanyplugs to law & government (15 answers total)
A lot of public places (i.e. parking lots, shopping malls, etc.) have certain discalimers that they are not responsible for any loss or damage to your car, for instance, while on the property. I understand that this is to minimize lawsuits brought against them, and this seems fair, since these places are privately owned and you are agreeing to this when you enter the property.
But I've noticed other legal entities are doing this, too, and I wonder what weight their disclaimer holds? I am thinking most notably of dump trucks, trash trucks, etc. on the freeway. Most of them have a small sign on them that says they are not responsible for broken windshields due to crap falling from their truck. But can they support this in court? Wouldn't any damage done to my car because of their negligence to clean up or fasten their loads be their legal responsibility?
If this sort of disclaimer is valid, then what else can (hypothetically) be frivolously disclaimed with the same precedent?
(This reminds me of the Simpsons episode where Lisa and Bart walk towards each other punching and kicking the air, and it's "not their fault" if one of them gets in the way.)
...ya, ya, YANAL and all that... just food for thought...