In general, negligence is a complicated and confusing area of the law.  Broadly defined, negligence usually occurs when one person acts carelessly, which somehow (either directly or indirectly) causes some type of injury or harm to another person. Negligence often comes down to a failure to act prudently when you owe another person a duty to do so. Take, for instance, a customer who falls and breaks his or her arm at the corner store. If the spill did was not promptly cleaned up, the customer may have a negligence claim against the shopkeeper.
Negligence statutes are usually fairly similar from state to state. The degree to which negligence is shared (when both parties are partially at fault) does vary, however. In some states, if a plaintiff contributed in any way to the accident (i.e. is found to be at fault even 1%), he or she cannot recover damages at all. New York does not follow this rule, and still allows plaintiffs to recover if they contributed to their own injury -- but their damages are reduced in proportion to the amount they contributed to the injury.
The chart below lays out the basics of New York negligence laws. See Negligence: Background for more general information.
| Code Section | Civ. Prac. L. & R. §§1411, et seq. |
| Comparative Negligence | Contributory negligence does not bar recovery but damages are diminished in proportion to the attributable conduct. |
| Contributory Negligence-Limit to Plaintiff's Recovery | - |
| Contribution Among Tortfeasors | Yes; Civ. Prac. L. & R. §§1401 et seq. |
| Uniform Act | - |
Note:Â State laws are constantly changing -- contact a New York personal injury attorney or conduct your own legal research to verify the state law(s) you are researching.
More Information
For more information on negligence laws in New York, you may find it helpful to consult the links provided below. They lead to additional resources discussing negligence, as well as to the actual statutes in the New York Code. You can also reference FindLaw’s section on negligence which contains not only discussion of the different elements and filing requirements involved in a negligence claim, but also descriptions of the various types of negligence cases, such as: personal injury, product liability, medical malpractice, etc.Â
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Learn More About New York Negligence Laws from a Local Attorney
New York has a wide variety of negligence and tort laws. If you've been harmed in New York and you deserve compensation, it's best to speak with a local personal injury attorney who will be familiar with the state's negligence laws and how they affect your case.
