Disclaimer.

[Doug Clark]

Here's a question for the lawyers here...

Is it possible to write a "Universal Disclaimer"?

One that'll hold me free from harm if advice or information that someone might give for free (or possibly charge for) turns out to be incorrect and results in material damage or physical harm to something, someone or third parties that might be involved?

The nature of the web means information dispersed can end up anywhere so a scenario might be for example:

I publish a set of chassis plans which you download for free, you build the car then whilst driving it a design fault causes you to lose control and mow down a school bus queue.

Any REAL lawyers care to comment?

 

[roaldin]

I doubt a real lawyer will respond, you gave no billing address.

Tim.

 

[Russ Noble]

I doubt a real lawyer will respond, you gave no billing address.

Tim.

oke: :bash: :grinf: :deal:

 

[Marcus]

I doubt a real lawyer will respond, you gave no billing address.

Tim.

Let me get this straight:
On this forum lawyers are generally regarded as permitted for being sniped at yet at the same time they are good enough for offering free legal advice (thus exposing themselves to professional liability in doing so)?

...have you ever visited planet earth?

 

[roaldin]

Yeah, sounds about right.

I added a smiley to it. I hope that make everything right with the world...

I see PC is creeping into lawyer jokes now... Damn, there won't be any jokes left soon...
I'll visit Earth when it gets it's sense of humour back.

Sorry Doug.

Tim.

 

[Marcus]

Aaah, I see.

Please do come to visit our nice planet, I´ll be waiting there being only too happy to share some good lawyer´s jokes with you.

Cheers,

Marcus

 

[Simon]

I think maybe the advice may be free, but when it comes to actually getting the disclamer written, it may prove more expensive.
interesting point though.
How about if the plans were labeled "for information ONLY" or "these plans are NOT designed to be built" (or something similar?) Surely if the person then decided to build from the plans, it would be their own choice and NOT something encouraged (or permitted) by the plans designer?

Simon

 

[MReid]

Generally, the broader the language, the less defensible. You could add a clause something to the effect of "this design requires certification by a licensed engineer familiar with your intended application prior to fabrication and use."

Of course, I only deal in labor law, so you take your chances with any advice you get from me or anyone else on the Internet!

 

[Simon]

That's a good point. To pararhrase someone I know on another forum...

" my advice is worth exactly what you pay for it"

Simon

 

[Gregg]

Doug, I highly doubt you would be able to disclaim, but for the sake of argument, lets say you do provide a disclaimer. I think in todays climate, with people willing to sue over the temperature of their coffee, you would have some lawyer willing to take the personal injury/wrongful death case just to test their theory. Would you be willing to open yourself up to defend against the suit? You have nothing to gain and stand to lose alot.

Enjoying a healthy discussion, anyone care to think about a legnthy disclaimer coupled to copyrighted plans. This way, if someone does copy your plans and ends up getting hurt, they in essence "stole" your plans, were never authorized etc. which may provide you with an absolute defense. Perhaps one of the intellectual property attorneys here could advise you.

Good luck.

 

[Chris P.]

I wonder how the kit manufacturers deal with this? When you compare them to the big automakers and all the testing they do - both nondestructive and destructive, not to mention the teams of professional engineers (meaning engineers holding a PE license), the small kit manufacturers are knowingly putting product out there that is perfectly capable of working just fine... except for a certain scenario here, and a certain scenario there that they just didn't have the time / money / expertise to design for, if they even thought of that scenario at all.

 

[Jac Mac]

Doug, this is a sample of a typical Disclaimer that any purchaser must sign prior to purchase of a set of aircraft plans. I have several of these from different providers & they are similar in context. I would imagine that the agreement to purchase a kit car from the initial provider such as those on this forum has similar wording ,albeit applicable to a motor vehicle.

Jac Mac

 

[Doug Clark]

Jac Mac,

That looks like good stuff, though hard to read as the picture is a bit small.