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

In Texas, maritime personal injury cases can be complex because the laws governing them are different from the laws that govern injury cases on land. As a result, many personal injury defendants in maritime cases use a variety of defenses to protect themselves. One common defense is comparative negligence, which is when a defendant argues that the plaintiff’s own negligence contributed to their injury. In Texas, the extent of the plaintiff’s negligence can reduce the damages they are able to recover from a defendant, or can even remove the plaintiff’s right to recover damages entirely. Another common defense for maritime personal injury cases in Texas is the doctrine of assumed risk. Under this doctrine, a plaintiff who voluntarily and knowingly puts themselves in a dangerous situation can be barred from recovering damages if they suffer an injury. In other words, if the plaintiff assumed the risk of injury by engaging in an activity that they were aware was dangerous, then the defendant cannot be held liable for the plaintiff’s injuries. A third defense to maritime personal injury cases is the defense of contributory negligence. This is when a defendant argues that the plaintiff’s own negligence caused or contributed to their injury. If this defense is successful, then the damages awarded to the plaintiff could be reduced or eliminated entirely. Finally, the defense of immunities is often used in maritime personal injury cases in Texas. Under this defense, a defendant can argue that they are immune from liability for the plaintiff’s injury due to certain laws or regulations that protect them from having to pay damages. Each of these defenses is often used in maritime personal injury cases in Texas, so injury victims need to be knowledgeable about these legal arguments in order to protect their rights.

Related FAQs

What is ‘maintenance and cure’?
Is there a limit to the amount of compensation I can receive?
What is the difference between a maritime injury claim and a workers’ compensation claim?
What is third-party liability in a maritime injury case?
What if I am injured while loading or unloading a vessel?
What happens if I cannot participate in the legal proceedings due to my injury?
What types of medical expenses are covered after a maritime injury?
What is covered under the ‘Death on the High Seas Act’?
What if the vessel I am working on is not adequately maintained?
What are the different types of damages available in a maritime injury case?

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

Related FAQs

Related Blog Posts