Can I claim if I was partly at fault for my injury?

How the answer differs across 7 jurisdictions

The Short Answer

Contributory negligence (Mitverschulden) under BGB § 254 reduces your compensation if your own fault contributed to the injury — the reduction reflects your share of responsibility.

Case-by-case
Assessment method
Up to 100%
Maximum reduction
Seatbelt failure
Common example
Duty to mitigate
Legal obligation
The Short Answer

Contributory negligence in Ireland is assessed under section 34 of the Civil Liability Act 1961, which allows courts to reduce damages in proportion to the claimant’s share of responsibility for the loss or injury.

s. 34
Relevant section
1961
Enactment year
Proportionate
Reduction method
Damages
What is reduced
SingaporeFull article
The Short Answer

Yes, you can still claim compensation in Singapore even if you were partially at fault — your damages will be reduced by the percentage of your own fault.

s. 3
Civil Law Act
1999 Rev Ed
Revised Edition
Cap. 43
Statute Cap.
proportionally
Reduction method
The Short Answer

In Canada, when both parties are partly to blame, fault is apportioned based on each party’s degree of responsibility for the loss, under provincial contributory negligence statutes — typically on a percentage basis.

100% total
Fault must sum to
Provincial
Governing law
Percentage
Apportionment method
SCC 2013
Key precedent
South KoreaFull article
The Short Answer

Comparative negligence in South Korea is a legal principle that reduces compensation based on the injured party’s share of fault, as defined under the Civil Act.

Civil Act Art.
Governing provision
Proportional re
Compensation rule
Fault-based sha
Core principle
No fixed % cap
No statutory limit
US-CaliforniaFull article
The Short Answer

Yes, you can still recover damages in California even if you were partly at fault — your recovery will be reduced by your percentage of fault under the state’s pure comparative negligence rule.

Pure comparativ
Negligence rule
0%–100%
Fault range allowed
No bar
To recovery
Jury decides
Fault %
US-New YorkFull article
The Short Answer

In New York, comparative negligence means your compensation is reduced by your percentage of fault — even if you’re 99% at fault, you can still recover 1% of damages.

Pure system
Negligence type
No 50% bar
Fault threshold
1% recovery
Minimum recovery
Jury apportions
Who assigns fault

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.