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

In Washington, maritime injury law applies to any injury that occurs on navigable waters, including rivers, lakes, and other bodies of water, as well as oceans. There are a number of legal defenses which may be used in maritime injury cases, and the most commonly used are as follows. First, a maritime injury case may be defended using the doctrine of comparative negligence. This doctrine acknowledges that each party may have had some responsibility for the injury; the court or jury must then assess each party’s percentage of fault and assign damages accordingly. Another common defense is the assumption of the risk doctrine. This doctrine states that if a person knowingly, voluntarily, and willingly exposed themselves to a dangerous situation, and was subsequently injured, they may be barred from receiving compensation. This defense is usually applied in cases where a person knowingly engaged in a dangerous activity, such as parasailing or deep-sea diving, and is injured as a result. Third, a breach of duty defense may be used in maritime injury cases. This defense states that an injury victim may not be entitled to compensation if their injury was caused by a breach of duty by another party. For example, if a boat captain was negligent in maintaining the safety of his vessel, the injury victim may not be entitled to compensation. Finally, contributory negligence may also be employed in maritime injury cases. This defense suggests that the injury victim may have contributed to the incident and their own injuries by acting carelessly. For example, if a victim was not wearing a life jacket and was injured in a boating accident, contributory negligence may be used to bar them from receiving compensation. These are just a few of the most common defenses used in maritime injury cases. It is crucial to remember that the facts and circumstances of each individual case may dictate the applicable legal defenses. Therefore, it is important to consult with a maritime injury lawyer to assess the merits of any particular case.

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

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