The avoidable consequences rule in cases of personal injury

Abstract

When the victim of personal injury does not under go medical treatment, it is traditionally understood that it constitutes contributory negligence, with consequent loss or reduction of the amount of damages. Although correct, there is a lack of adequate legal grounds to justify this position. This problem is solved by the recognition of the avoidable consequences rule, based on Art. 403 of Brazilian Civil Code. The application of this rule to cases of personal injury requires that the undergoing of medical treatment is expected, that its non-fulfillment is the cause of the damage suffered by the victim and also that he or she was at fault.