vähentämisväitystä

Vähentämisväitys is a Finnish term that translates to "reduction claim" or "diminution claim" in English. It refers to a legal argument or assertion made in court, particularly in civil litigation, where a party seeks to reduce the amount of damages or compensation being claimed by the opposing party. This is typically done by presenting evidence or arguments that demonstrate the claimant's own fault or contributory negligence in causing the damages.

The principle behind the vähentämisväitys is that if a claimant has contributed to their own losses, the amount they can recover from the other party should be proportionally reduced. For example, in a personal injury case arising from a car accident, the defendant might argue that the plaintiff was also speeding or not wearing a seatbelt, thereby contributing to the severity of their injuries. If the court agrees, the awarded damages would be reduced based on the plaintiff's degree of fault.

The concept is related to the legal principle of contributory negligence, which exists in many legal systems. The burden of proof for a vähentämisväitys typically lies with the party making the claim, meaning they must present sufficient evidence to convince the court of the claimant's contribution to the damages. The specific rules and application of vähentämisväitys can vary depending on the jurisdiction and the specific circumstances of the case. It is a common defense strategy in tort law cases where damages are disputed.