Can You Sue for Slip & Fall in New York When Partially at Fault?

People get hurt from slipping and falling over every day. While nasty injuries do not always come to mind when you think of slipping and falling down, the reality is that people do suffer incredibly serious injuries like nerve damage, broken bones, and more from slipping accidents. You can, of course, sue defendants for these injuries, but some plaintiffs may be worried that the court may find out that the accident was partially their fault,

You are able to file personal injury lawsuits in New York when you are partially at fault. However, your damages may be reduced based on how much of a hand you had in the accident. Depending on the circumstances of your claim, this could significantly diminish the damages you get from the defendant.

To get a free review of your claim from our New York slip and fall accident attorneys, call The Carrion Law Firm by dialing (718) 841-0083.

Are You Allowed to Sue After a Slip and Fall Where You Are Partially at Fault in New York

You are absolutely able to retain our Albany, NY slip and fall accident lawyers, file your claim, and sue someone for your injuries if you think you are partially responsible for them in New York. There is nothing barring plaintiffs from suing for injuries they may have had a hand in causing themselves. However, when you do so, be aware that opposing counsel will probably find out that you were partially responsible for the accident, and they may act more aggressively or pursue their own line of argument differently.

What Are the Consequences of Being Partially at Fault for a Slip and Fall Accident in New York?

Some states use an antiquated rule called “contributory negligence,” which totally prevents a plaintiff from recovering damages if they are even a little responsible for their own injuries. Fortunately, New York does not use that rule. Instead, under C.V.P. Law § 1411, plaintiffs who are partially responsible for their own injuries have the damages they receive reduced based on the percentage of the accident they were responsible for. So, if you are seeking $100,000 in damages but are found to be 20% responsible for the slip and fall, you will get $80,000 in damages. This does not stop you from being able to sue for the defendant’s share of damages even if you are mostly at fault.

Navigating a Slip and Fall Accident Where You Were Partially at Fault in New York

If there is a chance that the court will find you were partially at fault for your accident, it is important that you and our lawyers handle the case carefully. It is important to the success of your case to emphasize the true cause of your injuries – the defendant’s negligence – and have the court understand the extent of any responsibility you may have had in the accident.

Do Not Downplay Your Case

One of the biggest pitfalls plaintiffs may fall into when pursuing a case is using language that diminishes the reality of their situation. Even innocent-sounding language like “my bad” or “I could have been more careful” can be used by insurance providers and defense attorneys to try and make it seem like the accident was more your fault than the defendant’s. Therefore, you should be confident in your claim and the strength of your evidence.

Of course, you must – at all times – tell the truth to the court. Withholding information or misleading the court is one of the worst possible things you can do. Our lawyers can work with “bad facts” or information that may make it seem like part of the accident is your fault. On the other hand, it is extremely hard to be successful in a claim where one party has lied to the court.

Focus on the Strengths of Your Lawsuit

An important thing to remember when a defendant is trying to show that you were partially responsible for an accident is that statement only means so much. At the end of the day, the defendant caused your injuries, and opposing counsel is trying to do damage control to help their client. As long as you and our lawyers focus on the strength and merits of your claim, there is a better chance that you will get a positive outcome from the court, even if you were partially responsible for the accident.

Examples of New York Slip and Fall Accidents that May Result in Partial Liability

A plaintiff being partially responsible for an accident but still winning their case and getting all the compensation they need may be more common than you think. Some situations that may lead to slipping or falling lawsuits where comparative fault comes into play include:

Ignoring or Not Noticing Signs

A common reason that defendants attempt to attribute fault to a plaintiff is the presence of a sign warning of danger, like a “wet floor” or “caution” sign. Indeed, property owners have a duty to warn of dangers, and placing a sign is an important part of fulfilling that obligation. If counsel for the defendant can prove that the plaintiff did not see a warning sign or ignored it, the plaintiff may be found to be partially at fault for their injuries.

However, that pendulum can swing both ways. If, say, the sign was not in a clearly visible location, the plaintiff may not be as responsible for the accident as the defendant thinks.

Not Attempting to Prevent Injury

If there was something the plaintiff could have done to try and lessen their injury, opposing counsel may try and use that to hurt your case. For example, if you slipped on rickety, worn-out stairs, but there was a handrail available that you did not use to stop your fall, the defendant may try and use that fact against you. However, remember that the onus is on the defendant to keep their premises safe, so any steps to mitigate the injuries you allegedly did not take can be outweighed by the defendant’s negligence.

Talk to Our New York Slip and Fall Accident Attorneys Now

The Brookhaven, NJ slip and fall accident attorneys from The Carrion Law Firm can provide free case reviews when you call our office at the number (718) 841-0083.