What happens to damages if the defendant can prove contributory negligence on the claimant's part?

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When a defendant proves contributory negligence on the part of the claimant, the typical legal principle that applies is that damages awarded to the claimant are reduced in proportion to their degree of fault in causing the injury or damage. This concept allows the court to assess the claimant's actions and determine how much they contributed to the incident in question.

For instance, if a claimant is found to be 30% responsible for the accident that resulted in damages, their overall compensation would be decreased by that percentage. This adjustment reflects the idea that both parties share some responsibility for the outcome, ensuring a fair allocation of liability.

This principle varies by jurisdiction; some places may apply a pure comparative negligence approach, where damages are reduced according to the claimant’s percentage of fault, while others might apply a modified or contributory negligence standard that could completely bar recovery if the claimant's negligence meets a certain threshold. However, in the context of this question, the expectation is that damages will be reduced in proportion to the claimant's contributory negligence.

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