What are some of the most common defenses used in maritime injury cases?

In maritime injury cases, the most common defense is that the injury occurred due to negligence on the part of the injured party. This defense can be used to argue that the injured party failed to take reasonable steps to protect themselves in a hazardous marine environment. This could include failing to wear protective gear such as a safety harness or life jacket, failing to pay attention to warning signs or notices, or not properly inspecting equipment before use. Another common defense used in maritime injury cases is that the injury was caused by a so-called “Act of God.” This defense is meant to assert that the events leading to the injury could not have been controlled or avoided due to unpredictable weather or other natural disasters. The third common defense used in maritime injury cases is that of “comparative negligence.” This defense is used to argue that the injury was caused through negligence by both parties involved. This is to say that if both parties share some degree of fault for the accident and the injury, then both should be held liable for their part in the incident. Finally, some maritime injury cases involve the application of maritime law. In these cases, the defense of “contributory negligence” may be used. This defense is used to argue that any damages owed by the defendant should be reduced due to the negligence of the injured party. An example of contributory negligence would be an injury caused by improper maintenance of a vessel.

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What are some of the most common defenses used in maritime injury cases?

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