A legal disclaimer is a statement intended to protect the services, information and property (both physical and intellectual) of your business or organisation.
A disclaimer is typically a short paragraph.
To draft a legal disclaimer you must note these important points:
- Identify your need for a disclaimer: What goods/services do you provide? Are they tangible? Or intangible? You can lump “goods and services” together in the disclaimer.
- What liability may you be subject to? – A consumer may be injured by your product or may want a refund because your product did not work as advertised. Someone may rely on your information you provide to their own detriment and might want to turn around to sue for causing injuries to their person. Others may claim harm from your information, whether as a a gist / news blog or an educational website like a legal / Do It Yourself website. If your website allows people to leave comments, you need a disclaimer, so you aren’t held responsible for others people’s offensive comments.
- What rights would you want to protect? Legal disclaimers protect your legal rights from infringement by other people. If you’re a creative, then you will want to assent your rights to Intellectual property/Copyright.
Don’t forget to get a good lawyer to draft you one.
Please note: A legal disclaimer is limited. Be aware that it cannot completely insulate you from liability. If you were negligent, the disclaimer will often be legally ineffective.
Disclaimer: This article was written by Nneka Nwagu for educational and informational purposes only and not for the purpose of providing legal advice. The content contained in this article is not legal advice or a legal opinion on any specific matter or matters. This article does not constitute or create an attorney-client relationship between Nneka Nwagu, Legal Bants and you or any other user. The law may vary based on the facts or particular circumstances or the law in your state. You should not rely on, act, or fail to act, upon this information without seeking the professional counsel of a legal practitioner licensed in your state. If this article is considered an advertisement, it is general in nature and not directed towards any particular person or entity.