---
title: "Prepare the issues for a reduction for the claimant's own culpable conduct"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-issues-for-a-contributory-negligence-reduction/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-SB20261022-2-US"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Prepare the issues for a reduction for the claimant's own culpable conduct

> From the facts about the injured person's own conduct, build an issues table for a reduction. Do not choose a percentage and do not decide whether recovery is barred.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-issues-for-a-contributory-negligence-reduction/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the facts about the injured person's own conduct, build an issues table for a reduction. Do not choose a percentage and do not decide whether recovery is barred. |
| What the lawyer must review | New York CPLR § 1411(a) says that in an action for personal injury, injury to property, or wrongful death, culpable conduct attributable to the claimant or decedent, including contributory negligence or assumption of risk, does not bar recovery. Damages otherwise recoverable are diminished in the proportion which that culpable conduct bears to the culpable conduct which caused the damages. Subsection (b) is different for a personal-injury action subject to article 51 of the Insurance Law: recovery is barred if the claimant's culpable conduct is greater than the culpable conduct of the person, or the combined culpable conduct of the persons, against whom recovery is sought. California Civil Code § 1714(a) still speaks of the injured person bringing the injury on himself or herself by wilful conduct or want of ordinary care. You decide the reduction or the bar, and you write the advice. Do not import Civil Liability Act 2002 (NSW) ss 5R and 5S. |
| Written for | United States |
| Applies to | [Prepare the issues for a contributory negligence reduction](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-issues-for-a-contributory-negligence-reduction.md) |

## Checking plan

- What the AI does: From the facts about the injured person's own conduct, build an issues table for a reduction. Do not choose a percentage and do not decide whether recovery is barred.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The New York Senate site shows the text as the revision viewed on 29 May 2026.
- Do not treat New York's proportion rule as the rule of every state.

## Sources

- [New York CPLR § 1411, damages recoverable when contributory negligence or assumption of risk is established](https://www.nysenate.gov/legislation/laws/CVP/1411) (checked 2026-10-22)
- [California Civil Code § 1714, responsibility for wilful acts and for want of ordinary care](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1714.) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*