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

In Tennessee, boating accident cases often involve defenses that attempt to prove that either the boat operator or an outside factor was at fault rather than the defendant, or the person being sued, for the accident. The most common defense used is comparative negligence. Comparative negligence looks at the amount of blame each party involved in the accident can be assigned. If the court and jury find that the plaintiff, or person filing the suit, was partially at fault for the accident, the court will decide the percentage of blame for each party. If the plaintiff is more than 50% at fault, they are not allowed to receive any compensation. Other common defenses used in a boating accident case include assumption of risk, contributory negligence, and unavoidable accident. Assumption of risk is when the plaintiff willingly involves themselves in an activity they know is potentially dangerous. Contributory negligence is when the plaintiff fails to take the necessary steps to avoid an accident. Lastly, an unavoidable accident is when the boat operator has no way of preventing a boating accident despite taking all the necessary precautions. However, in order for any defense to be successful, the defendant must provide evidence that they were not the cause of the accident. If the defendant fails to provide convincing evidence, they could be found liable and have to pay the plaintiff damages. As such, it is important that boat operators always take the necessary safety precautions and are conscious of the rules and regulations set forth by the Tennessee Wildlife Resource Agency.

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

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