What are the defenses to a boating accident claim?

In New York, when it comes to defending against a boating accident claim, there are several options that may be used. These include contributory negligence, which is where the injured party is found to have caused their own injury by their own actions or failure to act. Another potential defense is assumption of the risk, which is when the injured party was aware of the risks before engaging in the activity and accepted them. Another available defense is known as comparative negligence, which is when both parties are found to be negligent in the accident. In New York, the injured party’s damages can be reduced based on the degree of fault. Additionally, the defense of product defect may be used when the plaintiff claims the vessel was defective and caused the accident. In this case, the manufacturer may be liable for damages. Lastly, the defense of last clear chance may be used, which is when the defendant had the opportunity to avoid the accident, but failed to act. This defense is rarely successful, however, and requires significant evidence. In order to be successful, the defendant must be able to prove their own due care and the plaintiff’s lack of care. Each case is unique and these defenses must be evaluated on a case-by-case basis. An experienced boating accident attorney can help review the facts and determine which defense may be appropriate.

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What are the defenses to a boating accident claim?

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