If you are thinking of bringing about a premises liability claim in New York, understand the pure comparative negligence laws that apply to such cases. While these laws make pursuing compensation a bit easier for plaintiffs, they may also affect the funds you may be eligible for.
Learn more about New York’s comparative negligence laws, then contact a premises liability lawyer in NYC to discuss your case.
New York’s Pure Comparative Negligence
Each state follows either a comparative or contributory negligence policy when determining a plaintiff’s right to seek compensation in a civil case. New York follows a pure comparative negligence policy.
Under this policy, a plaintiff can seek compensation even if they share some of the responsibility for their damages. However, their compensation award will be reduced by their fault percentage.
For example, imagine you were involved in a car accident where another driver turned out in front of you. You were speeding at the time of the accident, preventing you from braking in time to avoid a collision.
The insurance company will evaluate both of your roles in the accident and assign you each a fault percentage. In this case, the other driver may receive 70% of the blame, while you may receive 30%. This means you can only pursue 70% of the damages you incurred in the accident from the other driver.
If your case is worth $100,000, you can only claim up to $70,000 in this scenario.
Is Pure Comparative Negligence the Norm?
Around a dozen states follow pure comparative negligence policies, while 33 adhere to a modified comparative negligence rule. The latter allows plaintiffs to recover damages as long as they were less than 50% or 51% responsible for the accident, depending on the state.
A handful of states follow a stricter contributory negligence policy, which bars plaintiffs from recovering damages if they were even 1% responsible. In comparison, New York’s laws are much less harsh and may allow more plaintiffs to secure compensation than other policies.
How Might Comparative Negligence Impact Your Case?
New York’s pure comparative negligence laws are less strict than the policies in many other states, which may improve your chances of successfully seeking compensation after a personal injury accident. However, they can also reduce your total payout.
This policy may mean you only receive a fraction of the compensation you need to move forward after an accident. As a result, you may need to pay for certain expenses out of pocket or through your own insurance. This can inhibit your recovery.
Many accidents are not black and white; they involve at least some fault on both sides. But your goal as a plaintiff is to prove that you were in no way at fault.
Even if you know you were not at all responsible for the accident, the insurance company may not see it that way. You and your attorney must provide ample evidence to show that the defendant was 100% at fault.
Proving the Other Party’s Negligence To Reduce Your Liability Percentage
Now that you understand New York’s comparative negligence laws, you likely see the importance of proving the other party’s fault in your case. A seasoned NYC premises liability lawyer can help you gather compelling evidence to prove the four elements of negligence:
- The defendant owed you a duty of care.
- The defendant breached their duty of care.
- An accident occurred because of the breach.
- You experienced damages in the accident.
Premises liability cases have a success rate of around 40%. Without evidence, you will have a hard time showing that the defendant fully caused your injuries and that you did not contribute to them by even 1%.
Your Manhattan premises liability lawyer can look for any of these types of evidence to support your case:
- Security camera footage of the accident
- Photos of the accident scene
- Witness testimonies
- Medical records
- Testimony from accident reconstructionists
This evidence can prove the defendant’s fault in the accident but can also counter any claims they make about your role in it.
Contact Our New York City Premises Liability Lawyers
In New York, accidents are only becoming more severe and more expensive as time goes on. For example, between 2018 and 2023, the number of traffic fatalities increased by 15%.
New York’s comparative negligence law could make it challenging to secure adequate compensation after a premises liability or other personal injury accident. Our attorneys at Ross & Hill are here to help you build a strong case and prove the defendant’s fault.
Contact us today at 646-351-6222 to schedule a free case evaluation with our premises liability lawyers. Then, learn about the differences between medical malpractice vs. medical negligence.
Frequently Asked Questions
Is New York a comparative negligence state?
New York is a pure comparative negligence state, which means a plaintiff can pursue compensation no matter their percentage of fault in the accident. Their damages will be reduced by their fault percentage.
Does pure comparative negligence allow you to seek damages even if you were more at fault than the other party?
Yes, under pure comparative negligence, you can technically seek damages even if your percentage of fault is higher than the other party’s. This is different from the modified comparative negligence policy in many other states, which typically prevents you from pursuing damages if you are more than 50% at fault.
What is the eggshell plaintiff rule in NY?
The eggshell plaintiff rule holds negligent parties responsible for the harm they cause in accidents, regardless of whether the plaintiff had a pre-existing condition that led their injuries to be worse than they would have been otherwise. This is another important policy to know as you pursue a premises liability claim or another type of personal injury case.
How long can you wait to sue someone in New York?
You generally have three years from the accident date to sue someone in New York. Like the New York comparative negligence rule, the statute of limitations is a critical policy to keep in mind when pursuing legal action. Missing the deadline could prevent you from seeking any compensation.
