Situations can arise where the negligence of one party is compounded by the negligence of the other party. Courts will take this factor into consideration when determining the amount of damages to be awarded and who is responsible for paying. The damages for negligence might be split between the two responsible parties or, in some cases, both parties might be liable for the full amount of damages.
This rule also applies in the situation where the victim was also negligent. If the victim showed contributory negligence and is found to have contributed to his or her own damage, the resulting damages award could be reduced by an appropriate amount. In some cases the victim’s own contributory negligence might completely negate the need for a damage award at all.
If you have any questions about filing a lawsuit in Japan, please contact our office for a legal consultation.