Investigating The Applicability of The Attributability Rule in Police Civil Liability

In cases of loss and damage, civil liability laws in a country’s legal system determine the degree of responsibility each party (both the injured and the responsible parties) holds in providing compensation. It is essential to define the share of civil liability attributed to both the victim and the police in certain damages arising from police presence. This study is a descriptive, library-based analysis that examines and compares the Iranian legal system with other legal systems regarding the role of victim fault in police civil liability. Data collection and analysis include relevant laws, judicial procedures, and legal perspectives. The findings of this study highlight key principles, rules, and influencing factors related to the issue. Specifically, it explores the factors leading to loss, the harmful act itself, and the causal relationship between the loss and harmful act, particularly in comparison with other countries' legal systems. Establishing causation and assessing the victim’s role—considering existing principles such as the rule of warning and the doctrines of joint and comparative fault—can, in some cases, even mitigate or eliminate the civil liability of the police.