What are the common defenses used in a boating accident case?
When facing a boating accident case in Florida, there are several common defenses that a defendant may use in an attempt to avoid liability. One common defense that can be used is comparative negligence, which is when the defendant argues that their own negligence is not as severe as the plaintiff’s negligence. This can lessen the amount of damages that the defendant is liable for in the case. Another common defense is contributory negligence, which is when the defendant argues that the plaintiff’s own negligence or carelessness contributed to the boating accident. This defense can be used to challenge the plaintiff’s claims of negligence and limit the defendant’s liability. Thirdly, a defendant may use the defense of assumption of risk, which is when the plaintiff knew of the risks associated with the boating activity and assumed those risks anyway. This defense can be used to limit the defendant’s liability for the accident. Finally, a defendant may use the defense of superseding cause, which is when the defendant argues that another, more influential cause was the ultimate cause of the boating accident. This defense can be used to shift the blame away from the defendant. In conclusion, when facing a boating accident case in Florida, there are several common defenses that a defendant may use in an attempt to avoid liability. These defenses include comparative negligence, contributory negligence, assumption of risk, and superseding cause.
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