What are some common defenses used in maritime personal injury cases?

In maritime personal injury cases in California, there are a variety of defenses that may be used. The most common defenses are contributory negligence, assumption of risk, and unseaworthiness. Contributory negligence is when the plaintiff is seen to have contributed to their own injury. This could include disregarding safety warnings, failing to take reasonable precautions, or behaving recklessly. Assumption of risk is when the plaintiff was aware of the risks involved in the activity and voluntarily accepted those risks. This could include taking part in a hazardous activity or not following safety measures. Unseaworthiness is when the ship or vessel was not fit for its intended use at the time of the injury. This could include inadequate safety equipment, improper maintenance, or insufficient crew. These are some of the most common defenses used in maritime personal injury cases in California. There may be other defenses that are applicable to particular cases as well. An experienced lawyer will be able to evaluate the merits of any defense and provide counsel on the best course of action.

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