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

Washington maritime personal injury cases are complex and the defenses used will vary based on the particular circumstances of the case. Generally, many of the same common defenses used in non-maritime personal injury cases are also used in maritime injury cases. These include: contributory negligence, assumption of risk, and statute of limitations. Contributory negligence is a legal defense which states that the injured party acted in a negligent manner and, therefore, contributed to their injuries. Another defense is assumption of risk, which means that the injured was aware of and accepted the potential risks of participating in the activity which caused their injury. The statute of limitations is also used as a defense in maritime injury cases. This defense states that too much time has passed and the injured party is no longer able to pursue legal action. In Washington, the statute of limitations for a maritime injury claim is three years from the date of the injury. Another defense often used in maritime injury cases is the “comparative fault” defense, which is also known as “comparative negligence”. This defense states that both parties were at fault for the accident and the amount of fault should be apportioned between the injured party and the other party. The defenses used in any particular maritime injury case will depend on the specific details of the case, so it is important to consult a maritime injury lawyer to determine the most appropriate defense.

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

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