Liability And Your RightsWhat 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 Been Established:
Liable Parties Can Include:
Diving, drowning and near-drowning victims or their families have also brought successful lawsuits against insurance companies, to collect benefits they rightfully deserved.
Copyright 1999, Foundation for Aquatic
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