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

In maritime personal injury cases, there are several defenses commonly used. As in almost any personal injury claim, the defendant is likely to argue that the plaintiff was partially or entirely at fault for their own injuries. This defense is referred to as contributory negligence, and if successful, can result in a reduction of damages payable to the plaintiff. Another common defense used in maritime injury cases is known as the “Assumption of Risk” defense. The defendant will argue that the plaintiff was aware of the risk and took part in the activity anyway, thereby assuming responsibility for any injuries that may have occurred. For example, if a plaintiff was injured while working on board a boat, the defendant may argue that the plaintiff assumed the risk of their work and was therefore responsible for any resulting injuries. Finally, the defendant may also raise the defense of “unforeseeability”, claiming that the injury or harm was so unexpected that no reasonable person could have foreseen it. This defense can be challenging for the plaintiff to disprove, as it is often a matter of interpreting the facts of the case in different ways. Overall, the defenses used in maritime personal injury cases are relatively similar to those used in any other type of personal injury claim. Ultimately, the outcome of a case often depends on the particular facts of the incident and the skill of the attorneys on either side.

Related FAQs

How can I protect my rights when filing a claim for a maritime injury?
What happens if I cannot make it to court due to an injury at sea?
What is the ‘Saving to Suitors’ Clause and how does it affect my claim?
What is covered under the ‘Death on the High Seas Act’?
What is the ‘Longshore and Harbor Workers’ Compensation Act’ and how does it affect my claim?
What if I am injured due to the negligence of a vessel’s owner or operator?
What if my employer does not provide an adequate working environment?
What if I am injured while working on a cargo vessel?
How does the ‘unseaworthiness’ of a vessel affect my claim?
How can I ensure that my rights are protected when filing a claim for a maritime injury?

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

Related FAQs

Related Blog Posts