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Modified comparative negligence. Failure to Mitigate Damages.Plaintiffs should not be able to collect money from you if they could have prevented the damage. Contributory fault, as a complete bar to plaintiff's recovery in a products liability claim, is abolished. The plaintiff may claim he or she was injured or the plaintiff's property was damaged and it is your fault. What does the Plaintiff want from me? ' The Louisiana Civil Code, in. The term "joint and several" means that damages can be recovered from either or both parties at fault. ' The Louisiana Civil Code, in. A "complaint" is the document a plaintiff files to begin a lawsuit.