A Comparative Study of the Fault of the Injured in Resolving Police Civil Liability

Sometimes the injured have a significant role in the damaging action based on which it can be effective in eliminating or reducing the civil liability of officers. Identifying the role of the injured in the adjustment of the damage would lead to the defense of civil liability of officers for an exemption or discount and in this respect conducting this study is important. Accordingly, the aim of this research was to determine the role of injured in eliminating or reducing officers' civil liability using descriptive and documentary studies. The results show that in English law the basis of the examination of injured's fault is the Contributory Negligence principle. Based on that, the police officer, considering the standard of care in his behavior, will be discounted from civil liability as much as the fault of injured in the harmful act. In the laws of America, based on Contributory Negligence principle and Comparative Negligence, the civil liability of officers is fully resolved or discounted as well. In the laws of Iran, based on the role of the injured, including agent, cause or in combination of agent and cause it is different, and the criteria for assigning responsibility is citing common law and in combination of agent and cause, each of the parties whom the harmful act refers is surety and if the amount of the effect of action is the same both parties will equally be responsible, and in the case of difference in the behavior, the officer and the injured will be responsible based on the amount of the effect.