What is the effect of a finding of contributory negligence in the law of tort?

In the context of tort law, a finding of contributory negligence serves to acknowledge that the injured party contributed to their own harm through their negligent actions. This principle functions under the idea that liability can be shared between the plaintiff and the defendant.

When a court finds that a claimant was partially at fault, the damages awarded to the claimant will be reduced proportionately according to the degree of their own negligence. For example, if a claimant is found to be 25% liable for their injuries due to their actions, then their total damages will be decreased by that percentage. This adjustment reflects the shared responsibility for the harm suffered, ensuring that the defendant is not held liable for the full extent of damages incurred when the claimant also played a role in causing the injuries.

This reduction in damages does not eliminate the defendant's obligation to pay entirely and does not reverse or increase the payment of damages, making the understanding of contributory negligence key to determining compensation in tort cases.