"In no event shall our company be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of our products."
Specific disclaimers are more likely to be enforced, and especially this particular iteration of one. This disclaimer works more as a warning that restates the law as it already is – the customer cannot by law, with or without a disclaimer, use a product in an unreasonable or unforeseeable manner, and then claim that the manufacturer is liable for injuries. Thus, if the company chooses to put such a disclaimer on its product, the courts will give it more consideration. In reality, however, even this disclaimer will do little to change the fundamentals of a legal case, since it merely restates the law.
Assumption of Risk
What does a specific disclaimer do for a manufacturer, then? In a way, the specific disclaimer such as the one stated above warns customers about product misuse. One defense to product liability claims is assumption of risk. When a manufacturer makes such a defense, it is arguing that the customers knew that the way they used the product might be unsafe and lead to injury. If the customers knew that their particular use of the product would lead to injury, then they cannot make a valid product liability claim.
When manufactures include a specific disclaimer, they are hoping that the court will choose to find that the customer assumed the risk, given that the customer was warned about misuse by the disclaimer. In that sense, the value of a disclaimer is in the way it changes the customer’s mindset.
Please drink responsibly.
Always Drink In Moderation!