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

In maritime personal injury cases in Pennsylvania, there are certain defense strategies that can be used by the defendant. These defenses can be used to dispute the plaintiff’s claim or decrease the amount of damages that are awarded. The first common defense used in maritime cases is contributory negligence. This is when it is argued that the plaintiff was partly to blame for the injury due to negligence on their part. Therefore, if the defendant can demonstrate contributory negligence, they can avoid liability or reduce the amount of damages awarded to the plaintiff. The second common defense used in maritime personal injury cases is assumption of risk. This defense assumes that the plaintiff knew the risks of their actions and chose to assume them anyway. If this defense can be proven, the defendant will not be held legally liable for the injuries. The third common defense used in maritime personal injury cases is known as the fellow servant or co-worker rule. This is when the defendant claims that the employee of either the plaintiff or the defendant was the cause of the injury. If this defense can be established, the defendant will not be held liable. Finally, the fourth common defense used in maritime personal injury cases is that of immunities or privileges. This is when the defendant argues that the injury was caused by a government employee or a person with a special privilege or immunity. If this defense is successful, the defendant will be able to avoid liability. Each of these common defenses can be used in maritime personal injury cases in Pennsylvania. It is important to understand them so that you can properly protect yourself in the event of an injury or dispute.

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

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