I wouldn't worry about it too much, as for some websites it's simply a necessity. In some financial verticals, you need to display a (usually very long) risk warning/disclaimer on each page. I've yet to see a site penalised for something like that.
My concern with footers would be exact-match anchor texts which are still dofollow, particulary for external links. I've seen reconsideration requests finally be accepted after webmasters have changed those links to nofollow.
If you're concerned with the size of the footer versus the ratio of unique content, you could always consider putting any essential must-be-on-page information in the form of an image. May increase load time on the page slightly, but could put your mind at ease over it.
To be honest, however, I wouldn't worry about it a great deal - I'd be more concerned with how the footer links around.