Liability And Your Rights
What is Liability?
Liability means responsibility under the law. If a person
or company is responsible, or partially responsible, for someone else's injury, they can
be held liable by a court of law.
Under the American civil court system, people have the
right to pursue litigation, and to be compensated for negligence, wrongdoing or bad faith.
People also have the responsibility to pursue litigation when it can bring about changes
that will benefit society.
Even if you are told that the victim is at fault, other
parties may be partly or totally responsible under the law. Another parties conduct could
have contributed to a diving, drowning or near-drowning accident, even if you or others
think that you were responsible. This is because most accidents could have been prevented
by an adequate, safe environment.
Because they are aware of ways to prevent accidents,
equipment manufacturers, property managers and other share the responsibility for many
injuries. This legal principle is called "superior knowledge." Another party's
negligence may not be apparent to you at first, but legal action can provide many answers
to questions of liability.
Liability in diving, drowning and near-drowning accidents
can be a very complex and subtle issue. Here are some examples of liability:
Other Situations Where Liability Has
- safety equipment is poor or nonexistent
- warnings of risk are inadequate
- depth markings in swimming pools are absent or not readable
- equipment is improperly placed or installed
- pool is accessible to children
- pool lacks safety cover
- pool lacks safety fencing or alarm systems
- supervision lapsed
Liable Parties Can Include:
- recreational equipment manufacturers
- swimming pool and component manufacturers
- swimming pool retailers, distributors and installers
- property owners
- hotels and apartment owners
- supervisory personnel
- resort owners
- private club employees
- youth or infant caretakers
- medical mismanagement
Diving, drowning and near-drowning victims or their
families have also brought successful lawsuits against insurance companies, to collect
benefits they rightfully deserved.
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