Contributory fault

Contributory fault is relevant in Swiss tort and contract-related liability when the injured party failed to take reasonable care for their own interests and thereby contributed to the loss. Courts may reduce damages according to the degree of fault, causation and equity. Examples include ignoring safety instructions, failing to mitigate loss or voluntarily accepting an obvious risk. The concept does not automatically bar recovery; it requires a contextual assessment of the parties’ conduct and the causal link between the claimant’s behaviour and the damage.