This is not a thing when it comes to regulated professional services. A provider doesn't get to choose whether they "accept" liability, or be "just a convenience".
I am not a lawyer, and this isn't legal advice, but I think your interpretation of constitutional law is obviously incorrect.
If someone needs a certified survey from a licensed professionals, they are not offering that service.
If someone want a drawing of their lot in proximity, something that a homeowner could do with a tape measure, or even just guess at, they will do it for you.
https://www.new-york-lawyers.org/unauthorized-practice-of-a-...
You have to remember that if "someone draws up a lot line for you" for money then you might be providing a licensed service without a license.
The rules to cut hair in NY are harder than the rules to be a computer programmer:
"Complete a 1,000 hour approved course of study and pass both the New York State written and practical examinations." - https://dos.ny.gov/cosmetology
In my experience, people generally believe that stating one isn't a doctor or lawyer protects against an accusation of practicing without a license.
I can't believe you that as a lawyer you would claim that!
I do not think that such a disclaimer would help if we were talking about your, djoldman's, plea bargain negotiations.
Occupational licensing was a key element in Jim Crow. Why should there be exams and licenses for barbers (who are legally allowed to cut facial hair) or cosmetologists (who are prohibited from cutting facial hair - beards & mustaches)? Because black people might get away with doing the job. And if black people were doing that job, then other black people would never go to a white barber or cosmetologist. Vagrancy (the crime of not having a job) was enforced almost exclusively against only non-white people. Then, they'd be sentenced to work on the chain gang (or other slavery-equivalent) in accordance with the 13th Amendment. Requiring a license (which minorities could never get) made it far easier to punish people for failing to be born white.
Whenever something in America seems to make no sense at all, the key is to think about how a white supremacist would use it to abuse non-white people. One key to understanding the history of racial inequality and civil rights in America would be to imagine that the South actually won the Civil War.
TL;DR - it is racism all the way down.
“Want to buy pizza at my restaurant? (This restaurant not inspected by health department and pizza is not for human consumption)”
Because it’s obvious BS.
But you can say:
“This is dog food, not for human consumption.” On actual dog food.
Now I don’t know whether it’s BS in this instance or not but it would be very relevant to the situation.
If the customer signs a waiver, that's different - but even waivers can't waive all liability. Half the stuff in a waiver isn't even legally effective, it's just there to make you think you can't pursue damages, because they assume you'll read it and go "well shucks, this says..." instead of talking to an attorney.
> I am not a lawyer
That's pretty obvious.
Clearly you can. Every software license has a disclaimer of liability. It's not like those are there for no reason. No, they are not an absolute shield that's effective in every circumstance, but you can and should have one.
If you exchange something, like money, then you may be providing something under an oral contract, even if nothing is signed. And if you introduce a waiver, then you turn that oral contract into a written one.
The point is that it isn't the same service being provided and they are very upfront about that with the customer.
One of the guarantees that probably applies in this situation, especially as it is California which tend to have a few stronger guarantees, is fitness-to-purpose. If there is a service, where an exchange is taking place, there is a guarantee that the product should be considered fit-to-purpose.
> The warranty of fitness for a particular purpose is not limited to sales by a merchant as is the warranty of merchantability. It may be imposed on any seller possessing sufficient skill and judgment to justify the buyer’s reliance. The Code drafters suggest, however, that a nonmerchant seller will only in particular circumstances have that degree of skill and judgment necessary to justify imposing the warranty.” (4 Witkin, Summary of California Law (10th ed. 2005))
The products themselves are unmarked, which means it doesn't matter how upfront that they are with the first customer, because the product is allowed to be resold, and then the limitation on purpose aren't guaranteed to be seen anymore, but it needs to be, if you want to reduce your liability.
And you do get to escape liability with disclaimers quite well. Just look at every tax reporting agency out there. Massive disclaimers about how you are still liable for any mistakes they may make.
What I can't do is offer to represent you in a legal case, or imply (with signage, advertising, business cards etc) that I can provide any sort of legal services. And if I took money from you, it would have to be on the understanding that I was just providing entertaining opinions which it would be unwise for you to rely on.
At some point you have to grant that the clients of such a service have some agency and are able to evaluate straightforward disclaimers of liability or fitness.
I recently used AcreValue.com to find the rough location of some remote timberland my late mother owned. I've never been there, nor has any other living member of my family. My niece is in the area, and wanted to go out and take a look at it (mainly to make sure no one has set up a meth lab out there or something). The map from AcreValue is perfectly adequate to navigate her to the area.
Now, we would be foolish to use that map in lieu of a professional surveyor if we were planning on building a wall around it or something, but we're not doing that, or anything like it.
I'm guessing from what people are saying that is that the AcreValue site is also illegal under California law.
Edit: I can tell that it's adequate because I also looked at the official county plat map, and can see that the AV map is congruent with the plat map, in respect to the (dirt) roads and geographic features of the surrounding area. I don't (and shouldn't) need to hire a surveyor for this.
For example you could hire an architect, ask them to do a preliminary sketch, fire them, add an extra floor to the design, and then construct the building based on that design. You cannot expect them to take liability.