How is fault determined in a maritime personal injury case?

Fault in a maritime personal injury case is determined by laws that decide who is legally responsible for the injury. Generally, the governing law is the doctrine of comparative negligence, meaning that both parties are responsible for an injury and that fault is shared depending on their percentage of responsibility for the accident. For example, if one party is deemed to be 90% responsible for the injury, the other party can only be held accountable for 10% of the injury. In California, any maritime personal injury cases must be brought within three years of the injury. It is important to note that if the injured person does not bring the case against the at-fault party within three years, then they will be barred from recovering any damages for their injury. In order to prove who is liable and at fault for a maritime personal injury, the injured party must show proof of negligence. Negligence is established when a person or business fails to use reasonable care, resulting in the injury of another person. To prove negligence, evidence must be provided outlining the extent of the injury, the time and date of the injury, who is to blame for the injury, and what actions the at-fault party took that directly caused or contributed to the injury. Once fault is determined, the injured party can either seek out compensation on their own or pursue legal action against the at-fault person. If the injured party wishes to pursue legal action, they must file a lawsuit in a state court, as maritime injury law is considered to be a state law.

How is fault determined in a maritime personal injury case?

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