What are the common defenses used in a boating accident case?

In Ohio, the most common defenses used in boating accident cases are comparative negligence, assumption of risk, and contributory negligence. Comparative negligence is when a plaintiff can partially hold themselves responsible for a boating accident, and thus not be able to recover the full damages. Assumption of risk is when the plaintiff is voluntarily engaging in a risky situation knowing that there could be consequences and not being able to recover damages for the consequences. Contributory negligence is when the plaintiff’s actions or negligence contributed to the boating accident and the recovery of damages is reduced or eliminated based on the extent of their contribution. Other defenses are also available, such as statutory immunity, which allows the boat operator to be exempt from liability due to a legal protection or rule. In addition, a defendant could demonstrate that the plaintiff’s injuries were caused by a third party or another’s negligence. Lastly, a defendant may attempt to prove that the plaintiff’s injuries were pre-existing and therefore not caused by the boating accident. All of these defenses are commonly used in Ohio boating accident cases and require the plaintiff to have sufficient evidence to support their claims.

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What are the common defenses used in a boating accident case?

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