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

In maritime personal injury cases, several common defenses may be used to try to deny or limit the liability of the defendant. Some of these defenses include "assumption of risk," "comparative fault," and "unseaworthiness." Assumption of risk is a defense that states that the injured party voluntarily assumed the risk of injury by engaging in dangerous activities. This defense is used when the injured party was informed of the risks involved but still elected to proceed with the activity. Comparative fault is a defense in which the defense claims that the injured party was partly at fault for his or her own injury. This means that the defendant is trying to show that the injured party’s own carelessness, negligence or fault contributed to the injury. The third defense is “unseaworthiness.” Unseaworthiness is a defense that states that the vessel, or any part of it, was not safe or fit for its intended purpose at the time of the injury. Under this defense, even if the defendant was not found to be at fault, the vessel owner can still be held liable if the vessel was deemed unsuitable for its intended use. These are some of the more common defenses used in maritime personal injury cases. However, every case is unique and the defense strategy used depends heavily on the facts and circumstances of the case. An experienced maritime lawyer can help you understand the specific defenses available in your case and how to best proceed.

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

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