What is contributory negligence and its effect on damages?

• A. If the claimant is partly to blame, damages are increased.
• B. Damages are reduced in proportion to the claimant's fault.
• C. Damages are unaffected by the claimant's fault.
• D. Claimant cannot recover at all.

Answer: (B)

Contributory negligence means the claimant’s own carelessness contributed to the harm they suffered. The effect on damages is that the amount awarded is reduced in proportion to the claimant’s share of fault. The court or tribunal determines how much of the blame lies with the claimant and cuts the damages accordingly. So, if total damages would be 100 and the claimant is 40% at fault, the award is reduced to 60. If the claimant is entirely to blame, the damages can be reduced to zero. This approach ensures the injured party isn’t overcompensated for harm partly caused by their own negligence, while still allowing recovery for the portion not caused by their fault.