Fault & Liability Under New York Law
Fault and liability are fundamental concepts in NY personal injury law that determine who is responsible for an injury and whether they must compensate the injured party. In New York, determining fault involves evaluating the actions or negligence of all parties involved in an incident.
What’s the Difference Between Fault and Liability?
Fault refers to the responsibility assigned to someone for causing harm through negligent or reckless actions, such as a driver running a red light and causing an accident. Establishing fault is essential in personal injury cases to determine who is liable for damages.
Liability is the legal obligation to compensate another party for their losses. In New York, liability can be shared among multiple parties based on their percentage of fault. Even if you’re partially responsible for the accident, you may still recover compensation, though it will be reduced according to your level of fault
New York Fault & Liability Statutes
Several New York laws govern fault and liability in personal injury cases. These laws determine how responsibility is assigned and affect the damages you may recover.
- Comparative Negligence in New York – Under Y. C.P.L.R. § 1411, you can recover compensation even if partially at fault, but your damages will be reduced by your percentage of fault (e.g., 20% at fault = 20% reduction).
- Vicarious Liability in NY – Employers may be held liable for the negligent actions of employees if those actions occur within the scope of employment.
- Joint & Several Liability – Injured parties can recover the full economic damages from any responsible party. Still, the defendant’s percentage of fault limits non-economic damages (e.g., pain and suffering) if they are less than 50% responsible.
- Assumption of Risk in New York – If you knowingly participate in risky activities (e.g., sports), you may not hold others liable for inherent risks unless negligence goes beyond those risks.
- Strict Liability in New York – In some instances (e.g., defective products, dangerous animals), defendants are held accountable regardless of fault if their actions directly cause injury.
- Government Liability in New York – Special rules apply if you’re injured by a government employee or on government property. You must file a Notice of Claim within 90 days of the injury before pursuing a lawsuit.
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