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

When a boat is involved in an accident, the boat operator may be held liable for any resulting damages or injuries. To defend themselves from liability, boat operators in Maryland may use a few common defenses. First, the boat operator might claim that the accident was caused by another boater’s negligence. This might include the other boater’s failure to comply with the speed limit, not maintaining proper lookout, or violating navigation rules. This defense shifts the blame from the boat operator to the other boater. Another defense is the concept of comparative fault. This defense essentially states that the other boater’s negligence was the primary reason for the accident, but the boat operator’s negligence contributed as well. The court will consider how much each party contributed and award damages accordingly. A boat operator might also argue that despite exercising due care, the accident could not have been avoided due to a sudden and unforeseen emergency. This defense is typically used in cases where an unexpected event or danger arises, such as inclement weather or a broken engine. Finally, the boat operator might argue that the damages or injuries that occurred were the responsibility of the person on board, not the operator. This defense is typically used when the plaintiff’s behavior was dangerous or reckless, such as not taking proper safety precautions. In any case, it is important that boat operators are aware of their rights and the potential defenses available to them. As such, they should consult a lawyer experienced in boating accident law before any legal action is taken.

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

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