A no-responsibility disclaimer is a legal statement that informs customers that you’re not responsible for damages , injuries, or other loss resulting from the use of your product
It usually appears in your terms and conditions agreement.
Below, I explain more about no-responsibility disclaimers, present you with examples, and teach you how to create one.
- What Is a No-responsibility Disclaimer?
- What Can Be Covered in a No-Responsibility Disclaimer?
- Who Needs a No-Responsibility Disclaimer?
- What are the Benefits of a No-Responsibility Disclaimer?
- What are the Risks of Not Using a No-Responsibility Disclaimer?
- No-Responsibility Disclaimer Examples
- How Can I Make a No-Responsibility Disclaimer?
- No-Responsibility Disclaimer Frequently Asked Questions
What Is a No-responsibility Disclaimer?
A no-responsibility disclaimer is a statement that indicates you are not responsible for damages that result from the use of your product or service.
This includes damages resulting from:
- How someone uses your product or services and any harm resulting from that use,
- Errors or misinformation in content on your website,
- Content that appears on or harm caused by clicking on third party links.
There are also specific types of no-responsibility disclaimers that apply to different industries, like health, legal, or financial services.
For example, a website that deals with advice related to health should include a disclaimer indicating that the content on the site does not take the place of a formal medical assessment by a doctor, as shown in the sample below taken from a medical blog Life in the Fastlane.
What’s the Difference Between a Disclaimer of Liability and No-Responsibility Disclaimer?
There is no difference between a disclaimer of liability and a no-responsibility disclaimer. These two different titles refer to the same thing.
In fact, this disclaimer can go by many different names, including:
- Limitation of liability clause
- No-liability disclaimer
- Liability waiver
- Limitation of responsibilities clause
- Disclaimer of damages
Just be certain to choose a clear title so readers can understand what the clause is saying.
Does a No-responsibility Disclaimer Offer Legal Protection?
Yes, having a disclaimer may offer some legal protections, but it isn’t a suit of armor that protects you from all potential litigation.
If you face legal action and weren’t negligent, having one can be excellent support in your defense because it helps demonstrate that you notified the injured party in advance that you had no responsibility for such potential damages.
But if someone bought your product and then suffered an injury because you were negligent in the construction of that product, a disclaimer is unlikely to save you.
Here’s a hypothetical scenario where having a no-responsibility disclaimer could help:
- Imagine you wrote a blog post about how to avoid costly attorney fees by planning and managing your own divorce. The post describes the required forms and recommended strategies for the best possible financial outcomes.
- Someone followed your advice to the letter without confirming that there had been no changes or updates to the necessary forms. As it turns out, the courts changed the required documentation after you uploaded your post. The reader’s divorce has been delayed, and there are potential financial repercussions.
- The reader tries to blame you for offering flawed information, thus causing considerable emotional and financial suffering.
- But you have better protection against these claims of liability by the reader because you protected yourself by posting a disclaimer stating that:
“Your suggestions do not constitute legal advice, and you cannot guarantee that the information is always up to date or accurate.” - The statement did not necessarily stop a civil lawsuit from moving forward, but helped put you in a much better position to defend yourself before the court.
What Can Be Covered in a No-Responsibility Disclaimer?
The disclaimer you write for your business can be as detailed as you want it to be and can cover any or all of the goods or services you provide.
In this case, “goods” include the following:
- Tangible items: Like an actual item or object.
- Intangible services: Such as advice or information.
- A mix of both: Like a book you have written that compiles your suggestions or ideas.
In most cases, no-responsibility disclaimers protect you from the following specific types of harm that may come to your customer from using your product or services:
- It states that you’re not responsible for the accuracy of content or information on your website or platform.
- It states that you’re not responsible for physical harm, damages, or loss that may come to a customer when using your product or services.
- It states that you’re not responsible for third-party links on your website and any harm that comes to customers who click on those links.
- It can also state that your website or content does not create a legal, medical, or financial relationship between yourself and your users, or that it’s not a replacement for seeing a medical, legal, or financial professional.
The coverage you need depends entirely on your business and what it offers.
What Can’t Be Covered By a No-Responsibility Disclaimer?
A no-responsibility disclaimer does not give you free rein to provide misleading, dishonest, or inaccurate information intentionally, nor does it negate your responsibility for the quality of your products and services.
If a customer suffers damages because you have been negligent, you will most likely be held legally responsible for those damages regardless of if you have a disclaimer or not.
Who Needs a No-Responsibility Disclaimer?
Any business or website could use a liability disclaimer in some form. It keeps you safe just in case content on your site is wrong, or if someone misuses your product and experienced an injury or harm as a result.
Certain industries are particularly vulnerable to litigation, which makes having one of these disclaimers even more crucial.
This applies to industries where pushing outdated or incorrect information could cause significant financial or emotional distress or to products that could potentially cause substantial bodily harm, for example:
- Health, wellness, or medical advice
- Legal advice
- Financial advice
- Mental health information
- Workout programs
- Business building
- Life coaches
- Products for children
- Vitamins and supplements
- Workout gear
- Tools and equipment
This is why professional organizations like the American Bar Association have pushed for high-quality, transparent disclaimers across legal websites since as far back as 2011, when they released Formal Opinion 10-457.
No-Responsibility Disclaimers for Intangible vs Tangible Goods and Services
You need a no-responsibility disclaimer for intangible and tangible goods.
Although it seems like they would be less likely to lead to civil liability claims, intangible goods without disclaimers can lead to trouble. If someone misuses or over-relies on information, there can be enormous ramifications.
For example, if a reader uses a recommended workout program without consulting a doctor, they might do something unsafe or beyond their body’s capabilities, resulting in a severe injury.
When it comes to tangible goods, essentially any product can cause harm if it’s misused or by the wrong person.
All items, even if they are perfectly designed and constructed, are capable of causing considerable physical harm.
Posting a product-centric disclaimer indicating that customers assume the responsibility for any risks associated with the products helps safeguard you from liability.
If you sell products and post content on a website, you’ll need a strong no-responsibility disclaimer that accounts for both tangible and intangible goods.
What are the Benefits of a No-Responsibility Disclaimer?
There are two major benefits to having a no-responsibility disclaimer:
- It protects your business: This disclaimer protects your business from consumers who misuse or experience harm resulting from your products or services.
- It protects your customers: It also reminds users that they should handle your products and services responsibly and reminds them to do their own research when reading content on your site.
It’s an essential disclaimer that all websites should consider posting.
What are the Risks of Not Using a No-Responsibility Disclaimer?
Failing to post a no-responsibility disclaimer can risk leaving the door open for future civil litigation.
If you do not have this disclaimer, your customers can rightly state that you gave no warning that what you were offering could be damaging.
Your failure to warn them may entitle them to compensation for the harm they suffered.
People deserve to be fully informed, and if the advice or item you offer can possibly cause someone to suffer in some way, you should tell them as much before moving forward.
No-Responsibility Disclaimer Examples
Here are some real life examples of no-responsibility discalimers.
The American Bar Association
Below is an example of a no-responsibility disclaimer taken from the American Bar Association, which makes clear that, even though it’s an authoritative source, it is not equivalent to legal advice and reading the information does not create any kind of client-attorney relationship.
Additionally, it demonstrates how to effectively protect yourself from the liability of third-party sites that your page may link to.
This is a good disclaimer because it’s thorough, easy to read, and applies perfectly to how the average user would interact with the ABA website and services.
Walmart
The next example is taken from Walmart’s website, which I chose because it includes a variation of language frequently seen in disclaimers: “at your own risk”:
Walmart uses common phrases often found in these disclaimer to express that they are not responsible for any damages that a customer may experience.
They also format it in all capital letters, which is another common feature of this clause. It helps the clause stand out, making it more conspicuous, which may be a legal requirements for certain businesses.
How Can I Make a No-Responsibility Disclaimer?
Use a Disclaimer Generator
The easiest way to make a no-responsibility disclaimer is to use a Disclaimer Generator like Termly’s.
It asks easy questions about your business and automatically generates custom disclaimers based on your answers.
Use a Disclaimer Template
You can also use a free disclaimer template, which will have most of the formatting completed for you.
But it also requires you to manually fill in blank sections with information about your business and what specifically you’re disclaiming responsibility for.
How to Write a No-Responsibility Disclaimer
To write your own no-responsibility disclaimer, follow these steps:
- Be very comprehensive. Carefully identify all tangible and intangible goods or services that a customer could argue caused damages and include those in your statement.
- Be very clear. Use simple, straightforward language that is easy for everyday users to comprehend.
- Stay on topic to your industry. Don’t copy someone else’s disclaimer, instead, explain specifically what your business is not responsible for as it relates to your specific industry, products, and services.
- Place it in multiple easy to find locations. Placing it clearly and obviously on different pages helps ensure your website visitors can find and read it.
The liability disclaimer you write doesn’t need to be elaborate or complex.
Instead, make sure it identifies what products and services your business offers and articulates that you’re not responsible for any adverse outcomes customers might experience.
No-Responsibility Disclaimer Frequently Asked Questions
Learn more about no-responsibility disclaimers by checking out the FAQs below.
What is a disclaimer of responsibility?
A ‘disclaimer of responsibility’ is a different name for a no-responsibility disclaimer.
It informs people that a business or individual cannot be held responsible for injury, damage, or other loss caused by the use of their product or services.
How do I write a simple no-responsibility disclaimer?
To write a simple no-responsibility disclaimer, follow these steps:
- Identify all tangible and intangible goods or services that a customer could argue caused damages and include them in your statement.
- Use simple, straightforward language that is easy for all users to read and understand.
- Stay on topic to your industry and explain specifically what your business is not responsible for as it relates to your products and services.
- Post it in easy to find locations so all of your users have a chance to find and read it.
What is a statement that denies responsibility?
A statement that denies responsibility in law is referred to as a ‘disclaimer’ and it is used to inform users about potential risks they could face when using a product or service.
Most aspects of business are complicated, but not in this case.
Having a no-responsibility disclaimer is a simple strategy that offers necessary legal protection.
Even if you feel that your online content, service, or product is entirely harmless, it’s still a good idea to include a no-responsibility disclaimer.
Almost every business is at least somewhat vulnerable to claims of civil liability, and a no-responsibility disclaimer is the best way of avoiding severe financial consequences.
Written by Natasha Piirainen
Natasha Piirainen is a privacy writer with a Bachelor’s Degree in English and Philosophy from Wheaton College and over 10 years of professional experience in research-driven content development.
Read all posts by Natasha Piirainen
Reviewed by Masha Komnenic CIPP/E, CIPM, CIPT, FIP
Masha Komnenic is a legal counsel and Termly’s Director of Global Privacy, who received her law degree from Belgrade University. She specializes in implementing, monitoring, and auditing business compliance with privacy regulations (HIPAA, PIPEDA, ePrivacy Directive, GDPR, CCPA, POPIA, LGPD).
Read all posts reviewed by Masha Komnenic CIPP/E, CIPM, CIPT, FIP
