Preconditions of liability for damage is damage, breach of duty and causality between damage and breach of duty; in some cases also these preconditions have to be covered by causing of responsible person. If the damage is caused also by actions of the injured person, in such extent should be excluded the liability of the responsible person. This has practical impacts inter alia in cases of damages by car accidents.

Preconditions of liability for damage is damage, breach of duty and causality between damage and breach of duty; in some cases also these preconditions have to be covered by causing of responsible person. If the damage is caused also by actions of the injured person, in such extent should be excluded the liability of the responsible person. This has practical impacts inter alia in cases of damages by car accidents. 

The Supreme Court has issued its opinion (25 Cdo 4199/2013) that extent of contributory negligence of damage by injured person can reach one amount, if the passenger consciously undergo a ride with a driver and knows that hits driver in under the influence of alcohol. The decisive cause of the damage, however, still remains irresponsible actions of the driver of the vehicle. For this reason it will not be an absolute range also in case, when contribution of the injured person will be significant, for example when except the substantial underestimation of the situation, with regard to the knowledge about influencing of the driver´s abilities by alcohol or other addictive substances, other circumstances join this situation, for instance his knowledge that the driver has no driving licence or that threats mismanagement of the driving in bad weather conditions.