In New York City, navigating the aftermath of a slip and fall accident involves understanding several legal principles. Among these, comparative negligence stands out as particularly impactful. This concept can significantly influence the outcome of your case, affecting both liability and compensation. Please continue reading and reach out to a dedicated New York City slip and fall lawyer from The Law Office of Richard M. Kenny to learn about comparative negligence in the context of slip and fall cases and how it may impact your claim.
What Is Comparative Negligence?
Comparative negligence, a principle adopted in New York through the New York Civil Practice Law and Rules (CPLR) Section 1411, plays a crucial role in personal injury cases. It allows the court to assign a percentage of fault to each party involved in an accident. This approach diverges from the traditional all-or-nothing approach, where the injured party could lose the right to compensation if they were found even slightly at fault. Under comparative negligence, however, plaintiffs can recover damages even if they are partially responsible for their injuries. The catch is that the compensation amount is reduced by their percentage of fault.
How Does It Affect Slip and Fall Cases?
In slip and fall cases, the presence of hazards such as wet floors, uneven surfaces, or inadequate lighting can clearly suggest negligence on the part of the property owner. However, the defendant can argue that the plaintiff’s actions contributed to the accident. For instance, if you were texting while walking, the property owner might claim this distraction played a role in the fall. Here, comparative negligence becomes particularly relevant. If the court finds you 20% at fault for not paying attention to where you were going, it will reduce your compensation by 20%. Thus, understanding and anticipating comparative negligence arguments is critical for anyone involved in a slip and fall claim.
Why Is Legal Representation Vital?
An experienced personal injury attorney can help gather evidence to minimize your fault percentage, maximizing your potential compensation. This evidence might include surveillance footage, witness statements, and expert testimony regarding the accident’s circumstances and the hazard that caused it. Legal professionals adept in handling slip and fall cases can also argue effectively against attempts to inflate your share of the blame.
Moreover, New York’s statute of limitations for personal injury claims, as stated in CPLR 214, necessitates prompt action. You have three years from the accident date to file a lawsuit. Delaying could jeopardize your ability to recover damages. An attorney ensures that all procedural requirements are met, preserving your right to seek justice.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
