To many people, drowning accidents are fairly cut and dry. Either a person drowned or they didn’t. Either someone was at fault or they were not. That said, many people have learned that just because they file a boating accident claim they should not automatically assume they will win. Keep reading to learn about ways the defense might try to prove their client was not at fault, then contact The Law Offices of Larry H. Parker at 800-333-0000 to request a free legal consultation.
They Might Argue That You Took on the Risk
One of the most common tactics is to try to shift the blame to the victim. If a person takes a risk and is then injured or killed as a result, the law holds that the person who knowingly took the risk is responsible for their own actions. This might be the case on a boat, if the owner of the boat or other defendant to the lawsuit argued that the person who was injured took on risk by simply getting on to the boat in the first place.
They Might Argue That They Do Not Owe You a Duty of Care
Not everyone is required to keep a property safe for you. If you are boating or swimming on property owned by someone, then they are likely responsible unless you are trespassing. Other people who might not owe you a duty of care are certain invitees (like handypersons) or licensees (such as friends). These can depend greatly based on the specifics of the case and should prompt you to contact a personal injury attorney to find out what your options are.
They Might Argue That You Were Partially Responsible
Even if they are correct, this does not automatically mean that you do not have a case. More than one party can be legally at fault for the same incident. According to comparative fault, juries are able to appropriate blame and damages based on how at fault a person is. For example, if a person drives a boat recklessly, they can be partially at fault, but if the boat they rented had serious mechanical issues, then the boat rental company could also be partially at fault.
They Might Argue That You Waived Liability
Once again, they might be correct but that does not mean you do not have a case. When you sign a waiver of liability, you are generally agreeing that the activity you are going to take part in holds some risk and that you will not sue