What are the defenses to a boating accident claim?

In Tennessee, there are several defenses that can be used to a boating accident claim. These defenses are all based off the idea that the accident was caused due to the negligence of the other party, meaning it is their fault and not that of the claimer. The first defense to a boating accident claim is contributory negligence. This is when both parties are at fault for the accident, making it harder for the claimer to make a successful case. For example, if both parties were going too fast and the accident was caused by both parties’ behavior, the court might find that both parties have some responsibility for the accident. The second defense in Tennessee is the assumption of risk. This means that the claimer willingly took on the risk of the accident, such as when a passenger or operator on the boat is aware of the risks associated with boating and knowingly engages in activities that could result in a boating accident. The third defense is comparative negligence. This is when the court looks at who had the most responsibility for the accident and gives the claimer a percentage of the blame based on this. For example, if the claimer was 50 percent at fault for the accident, they will only be able to collect half of the damages from the other responsible party. Finally, the fourth defense is the statute of limitations. This means that the claimer must file a boating accident claim within one year of the accident occurring. If they fail to do this, they will not be able to make a successful case. These defenses to a boating accident claim in Tennessee all depend on the case and the specific details of the accident. As a result, it is important to speak with a lawyer knowledgeable in Tennessee boating law in order to understand the defenses available to you.

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What are the defenses to a boating accident claim?

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