Product says "we are not responsiable for damages"

Poshsalt

If a car park says "we are not held responsiable for damage or stolen items."

or

a product says "we are not held responsiable for for misuse of this product"

Does that hold up in court? Or can there be compensation.

elsien

How about telling us what product and what damage you are talking about, alongside the specific circumstances, rather than playing a game of 20 questions. 

Or is this to do with your businesses and you’re trying to work out how not to get sued?

Okell

Poshsalt said:

If a car park says "we are not held responsiable for damage or stolen items."

or

a product says "we are not held responsiable for for misuse of this product"

Does that hold up in court? Or can there be compensation.

It depends...

It depends on information you have chosen not to provide...

Grumpy_chap

Poshsalt said:

If a car park says "we are not held responsiable for damage or stolen items."

or

a product says "we are not held responsiable for for misuse of this product"

Does that hold up in court? Or can there be compensation.

It depends.

In the case of the car park signage, unless the service provider is specifically offering a premium "secure" parking which might alter the standard baseline of assessment, it is permissible for a car park operator to exclude "damage" etc. 

This means that the car park operator is not liable should another user of the car park damage your car (crash / accident / gauge the side of the car with a trolley) or if a local undesirable takes your car and drives off in it.

The car park operator cannot, however, exclude their own negligence or tort.  So if, for example, the member of staff collecting the trolleys is not in control of said trolleys and gauges the side of your car, the car park operator remains liable (assuming the car park operator is one and the same as the retailer with the trolleys).  Likewise, the structure of the car park has to take the loading of a family car without collapsing under the weight, the surface, speed ramps, kerbs etc all have to be constructed in a competent manner to a competent standard such that damage is not caused in normal use of the car park.

Similar nuances apply to pretty much any case.

What are the details of the case you have in mind?

Mr.Generous

You cannot escape your legal obligations and liability by putting up a sign. For example a car park with a sign saying no liability for any damage howsoever caused that has a fence in a state of disrepair through neglect and lack of maintainance - and the fence falls onto your car - they are 100% liable.

Arunmor

I think the OP is the metaphorical car park!

voluted

Mr.Generous said:

You cannot escape your legal obligations and liability by putting up a sign. For example a car park with a sign saying no liability for any damage howsoever caused that has a fence in a state of disrepair through neglect and lack of maintainance - and the fence falls onto your car - they are 100% liable.

No, but I suspect most signs aren't trying to absolve them of any responsibility but rather to head off claims due to cars being keyed, bumped into etc. In other words they are essentially making it clear that this isn't a secure car park and they're not going to be looking after you car for you, they're literally providing a space to park it and nothing more.

The OP has been predictably vague so we're all left guessing as to what has happened and if such a notice is pointing out the obvious or trying to absolve themselves of a legal responsibility.

Ergates

Poshsalt said:

a product says "we are not held responsiable for for misuse of this product"

.

In most cases yes - if it is "misuse" and not an entirely predictable outcome of selling the product. 

If I bought a TV and then threw it through your front window, you'd not be able to sue Sony for damages.

If Sony sold a TV with a big red button on the front that said "DO NOT PRESS THIS BUTTON", and if you press the button the TV explodes and blows your legs off.   Then you probably *could* sue Sony, even though they said not to press the button.

DullGreyGuy

Poshsalt said:

If a car park says "we are not held responsiable for damage or stolen items."

or

a product says "we are not held responsiable for for misuse of this product"

Does that hold up in court? Or can there be compensation.

It depends on the specific circumstances, in particular for the later. 

If one car bumps into another, someone keys your car, someone smashes a window and grabs your radio etc then thats not the fault of the car park company irrespective if they have a sign up or not but having the sign may stop people trying it on. If they have a rotten tree that falls on your car then they may be liable irrespective. 

On products it really depends what's happened and what you are trying to hold them responsible for. You decided to use your new TV as a dance floor then almost certainly there will be no liability for the TV breaking nor any for someone's cut feet. If the manual says only to handle it from the base but you try to hang it on the wall grabbing the top of the TV instead then its likely that there would be liability for any significant injury, probably more 50/50 for damage to the TV itself.