The extent of the injured person’s contribution to the cause Damage and its impact on compensation estimation

Dr. Mansour Fouad Massad


This study came to raise the issue of compensation for traffic accidents, collision between cars and work injuries, or at the international level in particular, to address a basic and legal issue related to the extent of the victim’s contribution to causing damage

and its impact on the estimation of compensation, especially in the case of multiple responsible for the damage in Palestine. This determines the liability of the air or sea carrier in the event of the damage occurring and there is a fault on the part of the traveler, the exporter of goods, or the importer. And in order for us to clarify the role of the judge in estimating the amount of compensation when the act of the injured person participates in the production of the damage by choosing the appropriate solutions, either he shall rule for full compensation or to rule for incomplete compensation, or not to rule for compensation. As it is often difficult for the judge to determine the responsibility of explaining each of the The injured and the defendant, and it is also difficult for him to rate the contribution of each of them to the production of the damage, the lesson in that is the availability and preponderance of the causal relationship between the act of the injured and the defendant on the one hand and the damage caused. direct and offender. And then addressing the responsibility of the contractor and the engineer according to the nature of the obligation and its impact on them. In order to review the legal impact according to the causes of the damage and its impact on the right to compensation, in terms of legal adaptation to the commitment of multiple actors to compensate the aggrieved and the criterion for the distribution of responsibility. And then the extent of the injured person’s contribution to causing harm and its impact on the assessment of compensation. And if this is the basic division of the research material that came in a way that covered all the details and details of the subject, and after reviewing all the axes of the study in line with the answer to the problem of the study, the study concluded that what is happening who is injured and contributes to causing the harm so as to have an impact on the value of the compensation, which is considered legal when the act of the injured party is unlawful, or the action of the injured party is not an inevitable result of the action of the defendant, and also that the act of others is not provoked by the injured party




Full Text: PDF


  • There are currently no refbacks.

International Multilingual Academic Journal

Copyright © IMAJ 2023