Content reviewed by:
Alex Shulman
Your share of fault will reduce the compensation you can recover after an injury. This is true for nearly all accident types in New York, including car crashes, pedestrian accidents, and slip and fall injuries.
If you’ve suffered an injury, Shulman & Hill can help you understand your rights and options under New York’s comparative negligence law. Our personal injury lawyers are here to explain how the law works, gather strong evidence, and challenge insurance company tactics to seek the best possible outcome.
What Is Negligence Under New York Law?
Negligence is a legal standard that holds people and businesses accountable when their carelessness causes harm. Proving that someone else’s negligence caused your injury is necessary to recover certain types of compensation in New York.
To decide whether someone acted negligently, New York law first looks at whether they owed a duty of care—a legal responsibility to act in a way that prevents foreseeable harm to others.
The scope of that duty depends on the situation and the relationship between the parties. For example, drivers must follow traffic laws and operate their vehicles safely. Likewise, property owners must keep their premises reasonably safe for lawful visitors. For instance, if a store owner fails to fix broken floor tiles near the entrance and you slip, a premises liability lawyer could help you prove that their negligence caused your injury.
Four Elements of Negligence
You must prove the following four elements to win a negligence claim:
- Duty of care: The defendant had a legal obligation to act in a way that would prevent harm to you.
- Breach of duty: They failed to meet that obligation.
- Causation: Their breach was a substantial factor in causing your injury.
- Damages: You suffered losses, such as medical expenses, lost wages, or pain and suffering, as a result of your injury.
Keep in mind that proving negligence isn’t necessary to recover workers’ compensation benefits. If you were injured in a construction accident in NYC or other workplace incident, you may be unable to sue your employer even if they were technically negligent. However, you may still have a separate third-party claim against non-employer parties, such as subcontractors or property owners.
New York’s Shared Fault Rule
New York follows a pure comparative negligence system. This means you can still recover compensation even if you’re partly—or even mostly—at fault for an accident.
Each party will be assigned a percentage of fault representing how their actions or inactions contributed to the incident. Your compensation will be reduced by your percentage of fault.
Imagine you’re found to be 40% at fault in a car accident case with $100,000 of damages. In that case, you would receive $60,000 in compensation. This may happen, for example, if the defendant was texting while driving, but you also failed to yield.
What Evidence Do You Need to Prove Negligence?
Strong evidence is necessary to prove that the defendant caused your injuries and that your damages are worth what you claim. Key evidence may include:
- Photos or videos of the accident scene
- Surveillance or dashcam footage of the incident
- Police reports or incident reports
- Witness statements
- Expert testimony from medical professionals, accident reconstructionists, or economists
- Maintenance logs or safety protocol documents
“At Shulman & Hill, proving negligence is at the core of what we do and we approach it with precision, experience, and the full weight of our legal and investigative resources. Each case begins with a thorough investigation focused on securing key evidence that shows a duty of care was breached and directly caused harm to our client. We gather physical and photographic evidence from the scene, such as surveillance footage, accident site conditions, and safety violations. We obtain official reports, including police records, OSHA findings, or worksite incident logs. Our team interviews witnesses early to preserve critical statements and consults expert witnesses ranging from accident reconstructionists and engineers to medical professionals and vocational specialists to support liability and damages. When businesses or contractors are involved, we analyze internal documents like maintenance logs, safety protocols, and employee training records.”
Alex Shulman
Common Challenges With Proving Negligence
Even when the facts seem clear, proving negligence in a New York injury case can be far from simple. Defendants and their insurance companies may use aggressive tactics, such as downplaying the severity of your injuries or questioning the necessity of your medical treatment, to avoid paying you the compensation you deserve. They may also pressure you to accept a low settlement before you understand the full extent of your damages or try to get you to say something that hurts your case.
Due to New York’s negligence law, the insurance company may try to shift part of the blame onto you. Even a small percentage of fault assigned to you will reduce your compensation, so these arguments can have a major financial impact. The insurer may also try to dispute causation by arguing that your injuries existed before the accident or were caused by an unrelated event.
That’s why it’s critical to have an experienced New York City personal injury lawyer on your side. The right attorney will know how to gather compelling evidence, anticipate the insurance company’s tactics, and counter its claims to help you seek the compensation you deserve.
Get the Legal Help You Need for Your Personal Injury Case
Understanding New York’s comparative negligence law is only the first step toward protecting your rights. To maximize your compensation, you need a legal team that knows how to use these laws to your advantage. When you turn to Shulman & Hill, that’s exactly what you’ll get.
Our firm has won over $700 million for injured New Yorkers and their families. We attribute much of our success to our client-focused approach and close attention to detail. From the moment you contact us, we’ll take the legal burden off your shoulders so you can focus on your health.
If you or a loved one was injured due to someone else’s negligence, our personal injury and car accident lawyers in New York City are ready to fight for you. Key evidence can fade quickly, so now is the time to act. Contact us online or call 212-221-1000 to schedule a free consultation.
