If negligence of the plaintiff and negligence of the defendant proximately caused the injury and damage sustained by the plaintiff, the plaintiff can recover some damages in those states where contributory negligence is still recognized.

Contributory Negligence

A legal doctrine stating that if a party contributes to their own harm through their negligence, they may have their compensation reduced or denied.

Proximately Caused

An act or event sufficiently related to an injury that the law considers it the cause of that injury.

Plaintiff

The party who initiates a lawsuit by filing a complaint with the court against the defendant, alleging harm or a legal wrong.