scroll

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 LiabilityInjured 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.

Tell Us What Happened

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

The Standard of Negligence in NY

You must prove that the other party acted negligently to establish fault in a personal injury claim. In New York, this involves demonstrating several legal standards. First, the defendant must have had a legal obligation to act or refrain from acting in a manner that would not harm others. If this duty of care is proven, the next step is to show that the defendant breached this duty through their actions or inactions.

There also needs to be a direct link between this breach of duty and the injuries sustained by the plaintiff. Finally, it is essential to establish that the plaintiff suffered actual damages, such as medical expenses, lost wages, or pain and suffering.

What Evidence Proves Fault & Liability?

Gathering sufficient evidence is crucial for establishing fault and liability. Important types of evidence that can support your claim include police reports, which provide official documentation of the accident along with witness statements and observations from the responding officer.

Witness testimonies from bystanders who observed the incident can offer valuable insights, while medical records documenting injuries and treatment received can demonstrate the extent of damages. Photographic evidence, such as images of the accident scene, vehicle damage, and visible injuries, can also be persuasive.

Additionally, expert opinions from accident reconstruction specialists or medical professionals can help clarify complex issues related to the case.

Get HKD for Help Proving Fault & Liability

Proving fault and establishing liability is crucial in any personal injury claim, and having an experienced lawyer can make all the difference. At Hecht, Kleeger & Damashek, P.C., our attorneys have the skill to investigate your case thoroughly, gather critical evidence, and prove who is responsible for your injuries. We understand the legal complexities of confirming liability and will build a strong case that holds the at-fault party accountable.

Without a lawyer, you may face challenges in identifying all liable parties, collecting necessary evidence, and effectively presenting your case. Insurance companies often attempt to minimize payouts, especially when liability is unclear. HKD ensures no detail is overlooked, helping you avoid settling for less than you deserve.

Our firm is known for its meticulous preparation, strategic approach, and commitment to fighting for the justice our clients deserve. With our track record of top-dollar settlements and verdicts, trust that we will find who’s to blame and hold them accountable while you focus on healing.

Google Reviews Logo ★★★★★ 5

“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…

Read More Reviews

Start Your Case

Free Case Review | No Up-Front Costs | Pay Nothing Unless You Win | Secure The Highest Possible Reward

212-490-5700

Online Form

A Record of Success - Personal Injury

View all case results

Schedule a Free Consultation with Our NY Injury Attorneys

If another’s negligence hurt you or a loved one, you may have a valid New York personal injury case and be entitled to compensation. Let the team at HKD explain the laws that apply, your options for recovery, and the best way to get justice.

Call (212) 981-2887 or complete our online form to schedule your free personal injury consultation.

Hecht, Kleger & Damashek, P.C. serves New York City, Long Island, and the Lower Hudson Valley. We offer appointments via phone call, video chat, at our Midtown Manhattan office, or a convenient location.

Call HKD Today

212-490-5700

Request A Free Consultation

"*" indicates required fields

This field is for validation purposes and should be left unchanged.