What are the defenses to a boating accident claim?

In California, there are several potential defenses that can be used to defend against a boating accident claim. These defenses are based on fault liability, negligence per se, and comparative negligence. Fault liability is based on the principle that one has to prove that the defendant was at fault in order to recover any damages. This means that the plaintiff must be able to prove that the defendant was negligent or reckless in their conduct. For example, if the defendant was operating their boat in an unsafe manner, they could be held liable for any resulting damages. Negligence per se is another defense to a boating accident claim in California. This is based on the idea that if a person fails to follow a safety rule that would have prevented injury or damage from occurring, they are liable for the resulting harm. For example, if the defendant was not wearing a life jacket, and a passenger was injured in a boating accident, the defendant could be held liable for not using proper safety precautions. Finally, comparative negligence is also a valid defense to a boating accident claim. This is because both parties may share blame for the accident. Under this defense, each party can be found liable for a certain portion of the damages. For example, if both parties were operating their boat carelessly, they could both be responsible for some portion of the damages caused. Overall, there are several potential defenses that can be used to defend against a boating accident claim in California. These defenses include fault liability, negligence per se, and comparative negligence, as well as others. It is important to speak with a knowledgeable attorney to understand the particular facts of your case and the most applicable legal defense.

What are the defenses to a boating accident claim?

Related FAQs

Related Blog Posts