Rutberg Breslow Personal Injury Law

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What happens if my slip and fall accident was partly my fault?

On Behalf of | Dec 6, 2021 | Slip/Trip & Fall Accidents

One of the most common defenses asserted by property owners in slip and fall cases is that the person who suffered the injury is to blame for the accident. The negligence laws in the state where the accident occurred play a role in whether the injured party can recover.

Can you recover damages in New York if you are partially to blame for your slip and fall accident?

New York negligence laws

The state of New York has a comparative negligence law. This means that if a judge determines that you are partially at fault for your slip and fall accident you are not barred from recovery. However, the court may reduce the number of damages you can recover by your share of the fault for the accident.

Under New York’s pure comparative negligence law, if a court determines that you are 30% responsible for your accident and the other party is 70% responsible, then the other party will be responsible only for 70% of the damages caused by your accident.

Examples of partial fault

There are a variety of actions on your part that may make you partly at fault for a slip and fall accident:

  • Trespassing
  • Wearing inappropriate footwear
  • Not paying attention
  • Not noticing an obviously dangerous condition
  • Ignoring warnings to stay out of a dangerous area

Because your own negligence can significantly reduce your ability to recover, it may be wise to avoid discussing the details of your accident or admitting fault without consulting with a legal professional.

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