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Liability And Your Rights


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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.

Anyone who has suffered a spinal cord injury or serious back injury should consult with a lawyer as soon as possible to determine their legal rights. There is no charge or commitment for such a consultation. An accident that may appear to be no ones fault or your own fault could still result in economic recovery for you.

Even if you are told that the victim is at fault, other parties may be partly or totally responsible under the law. Another party's conduct could have contributed to your spinal cord 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 spinal cord injury accidents can be a very complex and subtle issue. Here are some examples of liability:

Other Situations Where Liability Has Been Established:

  • safety equipment is poor or nonexistent
  • warnings of risk are inadequate
  • falls from ladders, platforms, stairs, and other objects
  • depth markings in swimming pools are absent or not readable
  • equipment is improperly placed or installed
  • motor vehicle is hazardous for designated normal use
  • assorted gunshot wound situations
  • various types of sports related activities
  • highway design cases

Liable Parties Can Include:

  • sports equipment producers
  • swimming pool and component manufacturers
  • property owners
  • makers of athletic accessories
  • hotels and apartment owners
  • municipalities
  • schools
  • supervisory personnel
  • car manufacturers -- role and crash and seat belt
  • firearm manufacturers and instructors
  • resort owners
  • private club employees
  • youth or infant caretakers
  • medical mismanagement
  • manufacturers of products which may result in falls

Spinal cord injury victims have also brought successful lawsuits against insurance companies, to collect benefits they rightfully deserved.

For additional information regarding your legal rights and options send an email inquiry to info@fscip.org.


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  2006 - 2013, Spinal Cord Injury Law. Last Edit 10/29/2013
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