Mitverschulden

Mitverschulden is a concept in civil law, particularly in the law of Germany and Austria. It translates to " contributory negligence" in English. In essence, it refers to the idea that a plaintiff may not be entirely without blame in a situation where they have suffered harm or injury.

The doctrine of mitverschulden arises when a plaintiff's own actions or inactions have increased the risk or severity of an injury, or have caused a situation that led to the harm. In such cases, the plaintiff's partial responsibility can limit their claim for damages.

Courts may apply the principle of mitverschulden to reduce the amount of compensation awarded to the plaintiff. This reduction reflects the plaintiff's proportional contribution to the harm or injury. The specific allocation of blame is determined on a case-by-case basis, taking into account the circumstances surrounding the incident.

Mitverschulden is often contrasted with the concept of " Drohen des Ereignisses" or " Foreseeable Event", where a plaintiff is aware or should have been aware of a potential risk but fails to take necessary precautions. In the context of mitverschulden, the plaintiff's actions or inactions are seen as a contributing factor to the harm.

The application of mitverschulden varies between jurisdictions, with German civil law being more explicit in recognizing the concept. Austrian law also acknowledges the principle, although its scope and specific application may differ from that in Germany. Overall, mitverschulden serves as a nuanced consideration in evaluating liability and assessing damages in civil cases.