When it comes to personal injury cases, particularly slip & fall accidents, determining who is at fault isn’t always clear-cut. Sometimes even the injured person may share some sort of responsibility for his own injuries, requiring a careful examination of NY’s comparative negligence law. What is comparative negligence, and how will it apply to your slip and fall accident case? The accident injury attorney Manhattan team of Gabriel Law is here to answer all these questions and more.
What is comparative negligence?
Comparative negligence is a legal doctrine that is often used to justify a reduction in the compensation that is payable to a plaintiff in a lawsuit, based on the plaintiff’s own fault in the incident. Essentially, it is a matter of sharing the blame.
For example, A is injured in an accident and is filing a lawsuit against B, claiming $100,000 in damages. However, an accident investigation has found that A themselves are 30% responsible for said accident. Therefore, the doctrine of comparative negligence will allow the court to reduce the compensation payable by 30%, making the final amount A could claim $70,000.
In the United States, there exist two types of comparative negligence: pure and modified. Under pure comparative negligence, a person would be able to claim compensation, regardless of the extent of their fault in the incident. Theoretically, even if a person was 95% responsible for the accident that caused them their injury, they would still be able to claim compensation for the remaining 5%. New York operates under pure comparative negligence, adopted under Section 1411 of the Civil Law Practice and Rules (CPLR). Alternatively, there exists a modified comparative negligence where a person can only claim damages if their fault in the accident is 50% or less. If your fault is determined to be 51% or more, you will not be able to recover compensation.
How will comparative negligence impact my slip and fall case?
If your injuries within a property were the result of wet floors, uneven surfaces, or inadequate lighting, it infers negligence on the part of the property owner, potentially allowing you to bring a lawsuit against them. However, if you were texting while you were walking on the property, the property owner can point out that you were not paying enough attention to your surroundings. If the court agrees that you were distracted at the time of the accident, it could reduce your compensation by an appropriate degree based on comparative negligence.
Why is legal representation important in a slip & fall case?
You will need to have legal representation because an experienced injury attorney in Manhattan would gather the evidence and understand the strengths and weaknesses of your case. Based on their understanding, they will present your side of the case in a way that highlights the strengths while minimizing the impact of the weaknesses, including the effect of comparative negligence.
Even if you do share some of the blame, your injury attorney can counter any attempts by the opposition to inflate your share of the blame, thus preserving your ability to claim fair and reasonable compensation.
Conclusion
While New York law may allow individuals to claim compensation for their injuries in slip and fall accidents, exactly how much they are able to claim continues to remain a question, especially when it seems like the victims themselves share some of the blame. This is due to the concept of comparative negligence. At Gabriel Law, we’ve had the opportunity to represent many clients in slip and fall accident cases, and we’re here to help you as well. Schedule a free consultation with us, and let’s discuss how we might be able to help.