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Slip and fall accidents can leave you overwhelmed and unsure of your next steps. You are now injured, medical bills are piling up, and you may be facing a complicated legal process. But what if you were partly at fault for the accident? Can you still take legal action?
The answer is yes. New York law allows injured parties to seek compensation even if they share some of the responsibility for the accident. Understanding how fault is determined, how it affects your case, and when to seek legal counsel is crucial to protecting your rights and pursuing a fair outcome.
Understanding Slip and Fall Liability in New York
In New York, slip-and-fall cases fall under premise liability law. Property owners must maintain safe conditions for visitors, tenants, and customers. If they fail to take reasonable precautions to prevent injuries, they may be held liable – even if the injured party was partially at fault.
The state follows a pure comparative negligence rule under New York Civil Practice Law & Rules (CPLR) Section 1411. Under this rule, your percentage of fault reduces your compensation, but you are not barred from recovering altogether. Even if you are at 99% fault, you may recover the remaining 1% of your accident-related losses.
For example, if your total compensation is $100,000 and you are 30% at fault, you could still recover $70,000.
Common Scenarios Where Victims Share Fault
Slip and fall accidents can be the result of negligence on both parties. Here are some common scenarios that may leave the injured party bearing at least partial responsibility:
- Wearing slick-soled shoes on a slippery floor
- Ignoring wet floor or other warning signs
- Using a cell phone or being otherwise distracted while walking
Property owners still owe a duty of care despite these factors. They are responsible for correcting or warning about known hazards. An attorney can represent you in court and argue that the owner’s failure to mend the hazard or warn guests about it was the primary cause of the accident.
How Courts Determine Fault in Slip and Fall Cases
Determining fault is crucial to slip and fault cases. Courts, lawyers, and insurance adjusters look at several evidence types to determine who was at fault for causing the accident. This evidence can include:
- Photographs or video footage
- Witness statements
- Maintenance records or inspection logs
- Expert testimony
- Incident reports
Slip and fall cases are often convoluted and seldom clear-cut. Proving your version of events can help you receive the highest compensation possible. An experienced attorney can effectively present your evidence in court and handle your case with skill and professionalism.
Why Legal Representation Matters if You’re Partially at Fault
Insurance companies often try to minimize or deny injury claims – especially when they can argue that you were partly at fault. The more fault they assign to you, the less these companies have to pay. Hiring a skilled attorney who can push back against these tactics is a means of pursuing the full compensation you deserve.
According to CPLR 214 (5), New York law allows injured people three years from the accident date to file slip-and-fall lawsuits against the property owner who harmed them. Consulting a lawyer early allows them the time to collect evidence before it is destroyed or disappears. It also allows them to ensure your case is handled efficiently and timely.
Speak with a New York Slip and Fall Lawyer Today
If you have been injured in a slip and fall accident in New York, you may be eligible for compensation – even if you believe you were partly at fault. Our experienced legal team at Michael LoGiudice, LLP has over 50 years of combined experience practicing law. We are here to explain your rights and pursue the compensation you deserve. Call us today or contact us online for a free consultation. We will fight for you. All you need to focus on is your recovery.