Editing Disclaimer (section)

==Tort law==
[[File:Bridge with warning sign.jpg|thumb|left|220px|Sign on bridge with a warning "Use at own risk"]]
In law, a disclaimer is a statement denying responsibility intended to prevent civil liability arising for particular acts or omissions.  Disclaimers are frequently made to escape the effects of the torts of [[negligence]] and of occupiers' liability towards visitors.  The courts may or may not give effect to the disclaimer depending on whether the law permits exclusion of liability in the particular situation and whether the acts or omissions complained of fall within the wording of the disclaimer.

A disclaimer may take effect as a term of the [[contract]] between the person making the disclaimer and the person who is thereby prevented from suing.  This kind of disclaimer is, for example, invariably found in the 'terms and conditions' that a software user is confronted with when first installing the software.  There will often be term(s) excluding any liability for any damage that the software might cause to the rest of the user's software and hardware.  By clicking "I Agree" in the dialogue box, users are agreeing to this disclaimer as a matter of contract between themselves and the software company.

[[File:Morgan County - Mann road - horse mannequin - P1080692.jpg|thumb|right|Disclaimer of liability for "equine professionals" ([[Indiana]])]]
At common law, disclaimers can also have effect as conditions of a [[license]] (i.e. permission) to enter the land.  An occupier of land will have certain duties to take care for the personal safety of people he or she allows onto the premises.  By placing a sign at the entrance to the premises, such as "visitors enter at their own risk", the occupier may be able to stop entrants from successfully suing in tort for damage or injury caused by the unsafe nature of the premises.  Warnings or disclaimers contained in signs may, by a slightly different legal analysis leading to the same result, allow the person who would otherwise be responsible to rely on the defense of [[volenti non fit injuria|consent]].

Under [[Law of the United Kingdom|UK law]], the validity of disclaimers is significantly limited by the [[Unfair Contract Terms Act 1977]].  By virtue of the Act, a business cannot use a contract term or a notice to exclude or restrict its liability for negligence causing death or personal injury.  In the case of other loss or damage, a disclaimer will only be effective so long as it is reasonable in all the circumstances. The common law in other nations may also place legal limits on the validity of disclaimers; for instance, the [[Australian Competition & Consumer Commission]] successfully prosecuted [[Target Australia]] for the use of inaccessible disclaimers in advertisements (the televised advertisements in question contained disclaimers that were only shown on screen for 1.50 seconds).

In the United States, disclaimers on the sale of goods are covered by Article 2 of the [[Uniform Commercial Code]], but details vary by state. Unless considered unconscionable, disclaimers are generally enforceable as part of a contract between knowledgeable parties of comparable bargaining power, but most states do not allow a party to limit their liability for gross negligence.<ref>http://www.pillsburylaw.com/siteFiles/Publications/0C62DFD605F0471619ADF0E2E5576E98.pdf Contractual Limitations of Liability, Warranties and Remedies, Shultis, et al, Pillsbury Winthrop Shaw Pittman LLP, 2006</ref>