What must a plaintiff prove to succeed in a claim of contributory negligence?

To succeed in a claim of contributory negligence, a plaintiff must demonstrate that their own negligence contributed to the harm suffered. This legal concept means that if the plaintiff is found to have played a part in causing their injury through their own negligent actions, it may limit or bar their recovery in a lawsuit.

In jurisdictions that adopt contributory negligence as a defense, if the plaintiff shares any degree of fault for the accident or injury, they may be completely barred from recovering damages. This creates a significant incentive for individuals to act with reasonable care and understanding of their own role in circumstances leading to injury or damage. By proving this element, the plaintiff must show not only that an injury occurred but also how their actions directly contributed to the situation that resulted in harm.

This foundational principle sets the stage for assessing negligence in personal injury cases and distinguishes it from other theories of liability, such as intentional torts or the absence of duty, which do not apply to the framework of contributory negligence.