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Disclaimers – do they prevent the right to claim compensation?

  What is a disclaimer? Disclaimers are used to provide a warning to people they are designed to make sure that people are made aware of foreseeable risks of injury, or where responsibility will rest if items are lost, broken or stolen. Often when we take part in a potentially dangerous activity, the organiser will ask the participants to sign a disclaimer to confirm that they are aware of the risks the activity presents.   Reduction of risk, not responsibility Making sure that people appreciate certain dangers and that risks are understood is a good thing. We all want to reduce the risk of injury, damages, etc. and see less accidents happening. When people know what the risks are, they are minded to act safely and follow instructions carefully. Even with obvious risks, we benefit from being reminded. Disclaimer should only be seen as a warning, rather than a prevention of any liability whatsoever and used to make sure that when the instructions in any disclaimer hav...
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Damage Caused by Neighbour’s Mulberry Tree – Owner Held Responsible

In a recent judgement, the First Hall of the Civil Court ruled on a dispute between neighbours in Hamrun concerning structural damage caused by invasive tree roots originating from the defendant’s property (First Hall of the Civil Court, 9 July 2025, Rikors Ġuramentat Nru.: 358/2019MH) . The plaintiff, claimed that over several years the roots of a large mulberry tree planted in her neighbour’s garden had spread beneath her home, causing tiles in multiple rooms to rise and crack. Technical and agricultural experts confirmed that the damage was caused by the roots of the mulberry tree, identifiable through their colour and spread pattern. The defendant, denied liability and argued that the tree had been planted in accordance with the legal distances set out in Article 437 of the Civil Code, which requires a minimum distance of 2 metres for large trees and 0.5 metres for smaller trees . Expert evidence showed the tree was in fact planted around 13 metres away from the property — well be...
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