Using disclaimers

Healinya · Oct 14, 2008

Browsing thru ebay, I saw a disclaimer at the bottom of the listed item that said:

DISCLAIMER:
Liability Clause. All information and product descriptions are for reference only.
(NAME) soap and products have not been evaluated by the FDA. If you are allergic to any of the ingredients listed, please do not use the soap. By purchasing (NAME) products you understand how to use each product and release (NAME) soap and all affiliates from any and all liability and responsibility. Thank you.

How concrete is that statement? I understand it - the ingredients were all listed, but they can't be released of 'any and all' liability, right?

ETA: this particular seller, in the ingredients, only says 'essential oils' doesn't say which... isn't that a bad idea too?

pepperi27 · Oct 14, 2008

Well yes and no. I think its good to have that disclaimer but it will not stop anyone from trying to sue you if something goes wrong.

Tabitha · Oct 14, 2008

A liability clause will not save you from a lawsuit nor will it make you more likely to win. Cigarette packs have disclaimers but people will still smoke for 50 year, get cancer & die & the families still take the companies to court & often win. Look at drug companies that loss billions of dollars when they get sued because someone had a side effect even though the bottle said they might. Disclaimers will ntio save your butt. That is what insurance is for.

mandolyn · Oct 17, 2008

Tabitha said:
Disclaimers will ntio save your butt. That is what insurance is for.

If disclaimors worked, we wouldn't need insurance. I look at disclaimors as being rather useless. It's much more useful to list the ingredients & note if there is an ingredient that is a known allergen to some people. A reminder to patch test is more helpful than a disclaimor IMO.