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

In Washington, boating accident cases can involve complex legal issues and defenses. Typically, the most common defenses used in a boating accident case are negligence, contributory negligence, assumption of the risk, and comparative fault. The defense of negligence is when the defendant argues that their conduct did not cause the accident, and that they did not have a duty of care to the plaintiff. For example, a defendant may say they were unaware of a dangerous condition in the water that caused the accident. The defense of contributory negligence is when the defendant contends that the plaintiff’s own negligence contributed to the accident. This could be a situation where the plaintiff was speeding and thus partially responsible for the accident. The defense of assumption of risk is when the defendant argues that the plaintiff willingly assumed the risk of injury. For example, if a person chose to go on a boat without wearing a lifejacket and was injured, this defense could be used. Finally, comparative fault is when the defendant claims that both parties were partially responsible for the accident. The court will then analyze the situation and assign each party a percentage of the fault. The damages awarded to the plaintiff will then be reduced based on the percentage of fault assigned to them. In summary, the most common defenses used in a boating accident case in Washington are negligence, contributory negligence, assumption of the risk, and comparative fault. It is best to consult with an attorney to discuss these defenses in more detail.

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