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

When a person is injured or killed in a maritime accident, they or their family may file a lawsuit for monetary damages. Maritime injury cases rely on a variety of laws to determine liability, including the Federal Employers’ Liability Act (FELA) and the Jones Act. In a maritime personal injury case, there are certain defenses that can be used to protect the defendant. The most common defense used in maritime lawsuits is negligence. The defendant may claim that the injured party was partially or fully responsible for their own injuries because they acted carelessly or failed to follow safety protocols. Another defense is the “unseaworthiness” of a vessel. The defendant may argue that the ship was not properly equipped or maintained, which caused the injury. A third defense often used in maritime injury cases is the doctrine of “assumption of risk”. This defense holds that the injured party assumed the risks associated with a particular activity, which caused or exacerbated their injury. Finally, the defendant may also claim contributory negligence. If the injured party had any role in their injury, the defendant can use that as a defense to reduce the amount of compensation awarded. It is important to note that these defenses vary from state to state, including South Dakota. Therefore, it is important for anyone who has been injured in a maritime accident in South Dakota to seek legal counsel to understand their rights and potential defenses.

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