New York Fault and Liability Law

Fault & Liability Under New York Law

While these terms are often used interchangeably, they have distinct legal meanings that impact who is responsible for paying damages after an accident.

Who is At Fault for Injuries in New York?

Fault refers to who caused the accident through negligence, recklessness, or misconduct. When an individual or entity fails to act with reasonable care, they may be considered at fault for any resulting harm. However, fault alone does not determine who is legally required to pay damages—that is where liability comes in.

Fault in New York Injury Accidents

• Car Accidents: A driver runs a red light and crashes into another vehicle. The driver is at fault because they violated traffic laws and acted negligently.
• Slip, Trips & Falls: A grocery store fails to clean up a spill in a timely manner, causing a customer to slip and fall. The store is at fault for not maintaining safe conditions.
• Workplace Accidents: A construction site manager ignores safety protocols, leading to a worker’s injury. The manager’s negligence makes them at fault.

Is Liability Different that Fault in NY?

Liability is the legal obligation to compensate victims for damages. Even if someone is clearly at fault for an accident, they may not be solely responsible for paying compensation. Other parties may also be liable, depending on the circumstances.

Factors That Determine Liability

• Employer Responsibility (Vicarious Liability): If an employee causes an accident while performing job duties, the employer may be held liable.
• Property Owner Responsibility (Premises Liability): If a landlord fails to repair a dangerous staircase and a tenant is injured, the landlord may be liable.
• Government Liability: If poor road maintenance leads to a crash, a government agency may be liable for failing to repair hazards.
• Product Liability: A manufacturer may be liable for injuries caused by a defective product, even if they were not directly at fault for the accident.

Liability Without Direct Fault in NY

• Employer Liability: A delivery driver causes a car accident while working. The driver is at fault, but the employer may be liable for damages under New York’s vicarious liability laws.
• Landlord Liability: A tenant falls due to a broken handrail that the landlord neglected to repair. Even though the landlord did not directly cause the fall, they are liable for failing to maintain safe premises.
• Product Manufacturer Liability: A company produces a defective car part that leads to a crash. The driver may not have been at fault, but the manufacturer is liable for selling a faulty product.

Why Fault & Liability Matter in Injury Claims

Identifying both the at-fault and liable parties is crucial for maximizing compensation if you are injured in an accident. You may be able to pursue claims against multiple parties, including individuals, businesses, insurance companies, or even government agencies.

Just because someone is at fault doesn’t mean they are the only liable party. New York’s laws allow injured victims to pursue compensation from multiple sources, increasing the chances of full financial recovery. If you have questions about who is at fault after an injury-causing accident in New York City, contact HKD for a free, no-risk consultation.

How is Fault Determined in NY Injury Cases

Assigning fault in a New York personal injury case is essential to securing compensation, holding parties accountable, and ultimately moving on after a serious accident. Insurance companies and opposing parties often dispute who is responsible, making strong evidence crucial for proving liability.

In many cases, multiple parties may share fault, requiring a thorough investigation by experienced personal injury attorneys to identify the true cause, highlight its impact on your life, and hold the right parties accountable.

To establish fault, your attorney will gather and analyze a wide range of evidence to build a strong case:

• Police/Accident Reports – Official documentation from law enforcement or where the accident occurred detailing the accident, identifying involved parties, and noting any violations or signs of negligence.
• Eyewitness Statements – Testimonies from people who saw the incident unfold, providing unbiased perspectives on who was at fault.
• Surveillance Footage & Photos – Video evidence from traffic cameras, security cameras, or dashcams, along with photos of vehicle damage, hazardous conditions, or injuries.
• Medical Records – Reports linking injuries directly to the accident, proving that the harm suffered was a result of someone else’s negligence.
• Expert Analysis – Insights from accident reconstruction specialists, medical professionals, and forensic analysts who can scientifically determine how the accident happened and who is responsible.

What if Fault is Disputed?

Fault disputes often arise in multi-vehicle car accidents, slip and fall incidents, and workplace injuries, where responsible parties or insurance companies attempt to shift blame.

• In car crashes, determining which driver acted negligently—especially in rear-end collisions or intersections with conflicting accounts—can be challenging, with insurers using New York’s comparative negligence law to reduce payouts.
• In slip and fall cases, property owners may argue that hazards like spills or ice appeared too suddenly to address, requiring surveillance footage and maintenance records to prove negligence.
• Workplace injuries, particularly in construction accidents, often involve multiple potentially liable parties, with employers denying responsibility. Safety reports, OSHA violations, and expert testimony are key in proving employer negligence and securing compensation.

What Happens if You Share Fault in NY?

New York’s pure comparative negligence rule (C.P.L.R. § 1411) allows you to recover damages even if you were partially at fault. However, the court assigns a percentage of fault to each party, reducing your compensation accordingly. For example, if you are 20% at fault, a $100,000 award would be reduced to $80,000.

Insurance companies often exploit this rule to minimize payouts by arguing that you were distracted, failed to take precautions, or contributed to the accident. They may even use your own statements against you to shift more blame. An experienced New York personal injury lawyer is crucial to challenging unfair fault assessments and maximizing recovery.

How to Prove Fault in a NY Injury Case?

To win a personal injury case, you must first establish fault, which means proving the elements of negligence exist and apply to your case:

• Duty of Care – The responsible party had an obligation to act safely and prevent harm.
• Breach of Duty – They failed to uphold this duty through recklessness, inaction, or negligence.
• Causation – Their actions directly caused your injuries.
• Damages – You suffered physical, emotional, or financial harm as a result.

By building a strong, evidence-backed case, the injury attorneys with HKD can help ensure that negligent parties are held accountable and that you receive the full compensation you are entitled to. Complete our online form to schedule your free consultation.

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