What are the defenses to a boating accident claim?

In North Carolina, there are a few potential defenses that may be used to challenge a claim resulting from a boating accident. The first is contributory negligence. This is a legal term that looks at the actions of both parties to the accident and assigns a percentage of negligence to each. In order for someone to be held responsible for a boating accident, their negligence must be more than 50%, so if the victim is determined to have been more than 50% responsible, then the claim may be denied. Assumption of the risk is another common defense. This means that the person claiming responsibility for the accident has assumed the risk of the danger inherent in the activity. This means that if the person participating in the activity was aware of the potential danger or risks, then they may not be able to recover damages from the accident. The defense of comparative fault may also be used. This means that each party is assigned a percentage of fault for the accident, and if the person claiming responsibility is found to be more than 50% responsible, then their claim may be denied. Finally, the defense of intervening cause can be used to challenge a boating accident claim. This means that if something unexpected happens which causes the accident, then the person claiming responsibility may not be able to recover damages from the accident. For example, if a third party interferes or causes an obstruction in the waterway which causes the accident, then the person claiming responsibility may not be able to recover damages.

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What are the defenses to a boating accident claim?

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