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

One of the most common defenses used in a boating accident case in California is fault. This defense is used to prove that the defendant was not at fault for the accident and that the plaintiff (the person bringing the claim) was the one at fault. In some cases, the defendant may be able to show that the plaintiff was negligent in their actions, meaning that they took an action that caused the accident to occur. This can include being distracted, under the influence of drugs or alcohol, or failing to follow the proper safety laws for operating a boat. Another common defense that is often used in a boating accident case is contributory negligence. This defense is used to show that the plaintiff contributed to the accident by engaging in some type of negligence that caused the accident to occur. This can include failing to follow the proper safety laws or engaging in dangerous behavior while on the water. Finally, another defense that is sometimes used in a boating accident case is comparative negligence. This defense is used to show that both parties were at least partially responsible for the accident and that the defendant was not solely responsible. This defense can be used to reduce the amount of damages that the plaintiff can recover. Overall, these are some of the most common defenses used in a boating accident case in California. These defenses can be used to reduce the amount of damages that can be recovered by the plaintiff or to prove that the defendant was not at fault for the accident. Ultimately, the success of these defenses will depend on the facts of the case and the evidence presented.

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