What if I’m Partially at Fault for My NYC Slip and Fall Accident?
An accident victim might bear some responsibility that leads to injuries. Regardless, under New York State’s laws, they can still collect damages from an NYC property owner or manager. The state’s laws apportion damages in relation to the level of each party’s fault.
An experienced NYC personal injury attorney at Douglas and London in Manhattan can help place as much fault as possible on the property owner and collect the largest available damages award for the victim.
When will an accident victim be partially at fault for a slip and fall?
Property owners who want to reduce or eliminate their liability might argue:
- The victim was distracted, for example, by looking at their smartphone, which caused them to miss obvious hazards or warnings about those hazards
- The victim had footwear that was inappropriate, e.g., not wearing winter boots during a storm
- The injured party was on the part of the property that was roped off or was otherwise not open for public use
- That party was intoxicated or under the influence of substances affecting their coordination
The victim will have to show that the property owner’s negligence caused the accident and injuries. Likewise, the property owner will have to demonstrate that the victim did something to contribute to it. Each party will use detailed facts to prove their claims
How are monetary damages allocated if a slip and fall victim was partially at fault?
Unlike some other states that prevent a victim from recovering damages if they were more than 50% responsible for an accident, New York allows a slip and fall victim to recover damages. This is true even if the victim was predominantly responsible. If, for example, the evidence suggests that the victim suffered $200,000 in damages but was 75% responsible for the accident, the damages will be reduced by 75%. The victim will recover $50,000 from the property owner.
Because of this, an individual who suffers injuries in an NYC slip and fall accident should not assume that there are no damages that are recoverable due to their fault. Instead, they should retain a New York slip and fall attorney. They will analyze the specific facts of each incident and estimate what might still be recovered, notwithstanding their partial fault.
How is a party’s partial fault determined in a slip and fall accident lawsuit?
Both the injured party and the negligent property owner will use all available evidence in a slip and fall lawsuit to assign liability to each other, and may include:
- Accident reports filed with local law enforcement authorities or insurance companies
- Statements from eyewitnesses
- Cell phone records showing that the victim was using their smartphone when the accident happened
- Photographs of the accident scene
- Medical records that show the type and extent of the victim’s injuries
- The property owner’s maintenance and repair records
This and other relevant evidence are best collected in the immediate aftermath, while witness memories are still fresh and the circumstances of the accident site have not been changed or altered. Given this, the accident victim should retain a lawyer as soon as is possible to have the best opportunity to collect the largest available award.
Call the New York Personal Injury Attorneys at Douglas and London for a free consultation
The personal injury attorneys at Douglas and London in Manhattan will fight to recover the maximum compensation you deserve for your slip and fall injuries– even if you were partially at fault. Please see our website or call us to schedule a consultation with an experienced lawyer.