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

In a boating accident case in Virginia, the most common defense might be that of contributory negligence. This defense holds that the plaintiff, the injured victim, is partially to blame for their own injury. A defense attorney might argue that the victim was not properly using safety gear, was negligent in paying attention to surroundings, was drugs or alcohol impaired, or did not have safety training. Another common defense might be that of assumption of risk. This defense claims that the plaintiff knew the risks associated with the activity and willingly assumed those risks. This can come into play when a plaintiff was engaged in a risky activity such as skiing, jet skiing, or white water rafting when the accident occurred. Vessel owners might also raise the defense of lack of causation. The defense argues that the damage was not caused by the vessel’s owner or operator. This defense is backed by the law in Virginia that establishes that the operator of a boat is not a guarantor of safety. The defense of statute of limitations might also be used. This defense argues that a lawsuit was not filed within the statute of limitations period set in Virginia. This period is generally two years. Finally, Virginia law also recognizes the doctrine of comparative fault. This is similar to contributory negligence, with the exception that the plaintiff’s fault might be weighed against that of the defendant’s when determining damages in a boating accident case.

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

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