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

Maritime injury cases are a unique form of litigation that involve claims based on injuries sustained while working on the seas, rivers, or other navigable waters. In this type of case, defendants may use a number of different defenses to avoid liability for the injuries. Some of the most common defenses used in maritime injury cases include lack of negligence on the part of the defendant, contributory negligence by the plaintiff, assumption of risk by the plaintiff, and governmental immunity. The defense of lack of negligence asserts that the defendant did not act improperly or negligently and, therefore, is not responsible for the injury. Contributory negligence is a defense that the plaintiff was partially responsible for the injury, and so the defendant cannot be held fully liable. Assumption of risk takes the concept of contributory negligence further, asserting that the plaintiff was aware of the risk he or she was taking by engaging in the activity. In cases involving injuries caused by government vessels or employees, the government may use the defense of governmental immunity, which states that private citizens cannot sue the government for certain actions. No matter which defense is used, the plaintiff has the burden of proof to show that the defendant was in fact negligent in causing the injury. To succeed, the plaintiff must demonstrate that the defendant breached a duty of care that caused the injury. Maritime injury cases are complex and require an experienced attorney to navigate the various legal defenses.

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

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