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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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Road Rules - do they affect you?

As a general rule, every driver is liable for their actions, independently of what another road-user does, unless what happens is not solely and exclusively the fault of the other road-user.   Each and every time a person is charged in court with driving a motor vehicle in a negligent and / or reckless and / or dangerous manner or any other similar offence the presiding judge or magistrate is required to delve into the whether or not the driver of a motor vehicle was actually driving the motor vehicle in such manner.   In its judgement given on the 12 th December 2018 in respect of Appeal number 111/2018, the Maltese Court of Criminal Appeal held that whereas negligent or reckless driving occurs when the driver employs a lack of the normal prudence which one should observe in order to avoid the dangers the dangers that arise. The court also held that dangerous driving involves a certain degree of recklessness.   Whilst most people would assume that these offe...
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