What is the scope of liability for personal injury under Admiralty Law?
Under Admiralty Law in South Carolina, those who are responsible for causing injury or loss to another person may be held liable. Liability is based on fault and negligence, so it is important to understand the various types of fault and negligence that can give rise to liability. Generally, an individual may be liable if they have acted with reckless disregard or intentionally caused harm to another. This applies to both cases of personal injury and property damage. If the defendant’s negligence, willful or wanton misconduct, or recklessness caused the injury, then they will be liable. Additionally, those responsible for the vessel, such as the owner, operator, or crew, may be liable for an injured person’s losses. The injured party must be able to prove that the vessel was unseaworthy or ill-equipped, that the vessel’s navigation or management was negligent, or that the vessel’s crew failed to act with reasonable care. The burden of proving fault and negligence lies with the injured person, so it is important to have sufficient evidence of negligence on the part of the defendant. Admiralty Law in South Carolina can be complex, so it is recommended to seek the assistance of a qualified attorney if pursuing a personal injury claim.
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