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by darawk 2959 days ago
Tricky question. I think I would come down on the side that they are liable for that, perhaps unless they very explicitly and clearly disclaim liability before exposing you to the risk.
1 comments

Product liability disclaimers are often found to be unenforceable; is there a particular disclaimer strategy[1] you have in mind that would effectively shift liability to the presumed counter party?

[1] https://injury.findlaw.com/product-liability/are-product-lia...

I'm not saying that a disclaimer would necessarily do it, I was just excluding that case from consideration. I'd defer to standard disclaimer case law on the matter.