What are my rights ifI got a scar on my leg caused by an accident?
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What are my rights ifI got a scar on my leg caused by an accident?
I was over my boyfriend’s house this summer and he pulled up on his motor cycle, parked and got off. He has a Harley, on it are 2 “saddle bags” to carry stuff. He parked it and asked me, “Can you grab my soda out of the bag on the bike?”. I walked up to it and leaned over to the open compartment to get his soda and when I did that my leg touched the exhaust pipe. It just melted my skin off. I went to the hospital like I was supposed to and followed their treatment instructions until it healed. That was 6 months ago and it’s left a rather large ugly scare and pain radiating from that area.
Asked on December 9, 2010 under Personal Injury, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) You would have no rights vis-a-vis the motorcycle manufacturer--the product was not defective. You were injured because you did something you shouldn't; touch the hot exhaust pipe.
2) IF the medical care was deficient--it was careless; they gave you the wrong treatment; they didn't follow up appropriately; etc.--then you might have a case for any disability and disfigurement resulting. But if the hospital basically did everything right and you have large and painful scar because that's what common happens in this situation, there would be no liability. Liability is the result of wrongful or negligent behavior; sometimes the behavior was fine but there's a bad outcome--that, however, does not result in liability.
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