ABA Family Legal Guide

Personal Injury

Strict Liability

Product Liability

A disclaimer that came with the lawn mower said the manufacturer did not warranty it in any way. Will that defeat our claim?

While limited warranties are sometimes enforced by courts, full disclaimers often are not. Courts find such warranties invalid because you, as the consumer, are not in an equal bargaining position. They also rule that such clauses are unconscionable (grossly unfair) and contrary to public policy. (See the discussion of contracts of adhesion and unconscionability in chapter 9, "Contracts and Consumer Law.") Most courts limit the effect of limited warranties to repairs. A limited warranty is not a waiver of liability for injuries.