What is Considered “Negligence” in New York State?
If you’ve recently sustained injuries or damages due to another party’s actions, it’s important to identify whether or not that person acted negligently. To do so, you must first learn what exactly negligence means in New York state.
In New York, negligence is understood as a failure to act in accordance with an owed duty of care. Negligence can be demonstrated by a person’s failure to act responsibly or without caring for others around them. When such actions result in injuries to you, you can likely file a lawsuit in New York. Common examples of lawsuits brought for negligence include car accidents, medical malpractice, and product liability claims. Just as they should learn the definition of negligence, New York victims should familiarize themselves with comparative negligence and how it can impact their compensation claim against an at-fault party.
Our attorneys are here to help victims throughout New York state to hold negligent parties accountable. For a free case evaluation with the New York personal injury lawyers at The Carrion Law Firm, call today at (718) 841-0083.
How Does New York State Define Negligence?
Negligence is a foundational element of many personal injury claims in New York. That said, it can be difficult for victims to always identify negligence without understanding its definition. Generally speaking, negligence is the failure to take the proper care in a situation. In New York, four specific elements must be present to demonstrate negligence in a lawsuit.
Negligence is the root of many personal injury claims in New York. Unless the party that caused your injuries intended to harm you somehow, they were likely acting negligently at the time. Negligence as a concept can be difficult to grasp, which is why asking a New York personal injury lawyer for clarification is wise.
To better understand negligence, it may help to learn about the elements that must be present to prove it. For negligence to be proven, you must first establish that another party owed you a duty of care. For example, manufacturers have a duty of care to customers to advertise known dangers of their products, and drivers have a duty of care to other drivers to uphold traffic laws.
The second essential element to prove is that a party breached the owed duty of care and thus acted negligently. Next, your attorney must prove causation, connecting your injuries to another party’s actions. And finally, your New York personal injury lawyer must demonstrate that you suffered real damages. These four elements are crucial in any case brought based on negligence.
Depending on the circumstances of your case, negligence can be action or inaction. If a person has a duty of care to help or protect you, and they breach that duty causing you damages, they can be considered negligent in New York. Should that be the case, you can likely file a lawsuit against the at-fault party for compensatory damages.
What Are Common Examples of Negligence in New York State?
For some victims, fully understanding negligence and all of the ways it can present may be difficult. The particulars of your case may be less clear than desired, making it hard to attribute fault to a specific party. Because of that, it can help to learn about common examples of negligence that often lead victims to file compensation claims in New York.
One of the most common examples of negligence leading to injuries is reckless driving. For example, suppose you are driving your vehicle and are then hit by a drunk driver. The driver in question would likely be negligent if their intoxication caused the accident. The driver would be considered negligent as they breached the duty of care by driving under the influence. Drivers can also act negligently in other ways, like speeding and driving recklessly.
New York doctors might act negligently while treating a patient they owe a duty of care. This type of negligence is known as medical malpractice and is a common cause for compensation claims in New York.
Other examples of negligence can include landlords who fail to maintain their properties, causing injuries to victims. Manufacturers that make defective or dangerous products can also be found to be negligent.
In many situations, another party could act negligently, causing you injury. If the facts of your case aren’t so clear-cut, speak to an Albany personal injury lawyer. Your attorney can investigate your case to determine whether or not another party owed you a duty of care and acted negligently, causing you damages.
What Happens When the Victim is Considered Negligent in a New York Accident Case?
When learning about negligence as a concept, it is also important to cover comparative negligence. In New York, comparative negligence laws can impact your ability to recover sufficient compensatory damages against an at-fault party, depending on the facts of your case.
New York is a pure comparative negligence state, meaning that each party is assigned a share of fault. A plaintiff can receive reduced damages if they are found to be partially at fault for their injuries. Although you will not be barred from recovering compensation against a defendant, you can see your damages reduced in proportion to your level of fault.
Unfortunately, many New York victims may not be aware of how these comparative negligence laws until it is too late. Even if you did not contribute to your injuries, you might misspeak during negotiations, causing comparative negligence laws to apply. Having an experienced Binghamton personal injury lawyer by your side is crucial. Your attorney can prepare for potential assertions that you contributed to your accident and prove that a defendant is the sole negligent party.
Preventing New York’s comparative negligence laws from impacting your access to economic and non-economic damages is essential. Your attorney can do so by thoroughly investigating your claim and reviewing crucial evidence, like police reports, security camera footage, and eyewitness statements, to prove that you did not contribute to your injuries.
Call Our Attorneys to File a Personal Injury Claim in New York State
If you’re unsure whether or not another person’s actions would be considered negligent in New York, ask our attorneys. For a free case evaluation with the Syracuse personal injury lawyers at The Carrion Law Firm, call today at (718) 841-0083.