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

In a boating accident case in Virginia, the most common defenses used by boat operators are negligence and force majeure. Negligence is when a person fails to act as a reasonable person would do in the same situation. This means the boat operator may claim they were not negligent but were acting as any other reasonable person would have acted in the same situation. Force majeure is when extraordinary events outside of a person’s control prevent them from acting as they would normally do. This means the boat operator may argue that they did all that they could to avoid the accident, but that the weather, waves, or other forces were too great. Another common defense is contributory negligence. This is when both parties are found to have contributed to the accident. The boat operator may argue that the other party was also responsible for the accident, and that their actions should be taken into account when deciding who should be held liable. Finally, comparative negligence applies when both parties are careless, but one party is more responsible for the accident than the other. This means the boat operator may argue that the other party was more careless than they were and should be held more responsible for the accident. These are the most common defenses used by boat operators in a boating accident case in Virginia. Each case is unique, and the court will take into consideration all of the facts and evidence before determining who should be held liable.

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

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