In New York, slip-and-fall claims are often evaluated under the state’s comparative negligence rule. This legal principle assesses the responsibility of each party involved in the accident. Even if a property owner’s negligence contributed to unsafe conditions, the court may scrutinize the injured person’s own actions.
Under New York’s pure comparative negligence standard, courts can reduce compensation based on the injured person’s share of fault.
How fault is determined
Courts determine fault by examining all circumstances leading to the accident. For instance, a property owner might be liable for failing to address hazardous conditions, such as an icy sidewalk or a wet floor, without proper warnings.
However, if the injured person ignored visible signs of danger or acted carelessly, such as running or texting while walking, the reduction of their compensation is proportional.
Impact on compensation
Under New York’s laws, the percentage of fault assigned to the injured person directly affects the damages they can recover. For example, if someone is 30% responsible for their own injuries, their total compensation will be that much less than the total damages. Even if a person bears a significant share of responsibility—such as 90%—they can still recover the remaining 10% of their damages.
Why evidence matters
Evidence plays a critical role in determining fault in slip-and-fall cases. Photographs of the accident scene, witness testimonies, and surveillance footage can all help establish how the incident occurred. Property maintenance records and safety logs can also provide insight into whether the hazard was preventable.
The importance of carefulness in daily life
Understanding how comparative negligence works underscores the importance of acting cautiously in public spaces. While property owners have a duty to maintain safe conditions, individuals can also take steps to avoid accidents by staying alert and mindful of their surroundings.
