New York Negligence Law: When Do You Have a Case?

If you’ve been hurt in a car accident, slip and fall, or other type of injury, you might be wondering: Do I have a case under New York negligence law?

The answer can depend on several factors, but you need to take action to find the answers you need.

One of the biggest mistakes people make after getting hurt is waiting too long to talk to a personal injury lawyer. Maybe they’re unsure whether their injuries are “serious enough” or feel embarrassed about the circumstances. Sometimes they’re understandably swept up by doctor visits, missed work, and everyday stress.

At Feroleto Law, we want you to know this: if you think someone else may have caused your injuries, it’s always worth reaching out to an attorney.

You don’t have to know all the answers. We can help you figure them out. You can call us at (716) 854-0700 for a free, non-judgmental consultation. And if you decide to move forward with a case through us, you don’t pay anything unless we win.

Here’s what you should know about New York negligence law and when it might be time to give us a call.

How Is Negligence Defined Under New York Law?

Negligence is the legal concept that forms the backbone of most personal injury cases in New York. At its core, negligence means someone failed to act with the level of care that a reasonable person would have used in the same situation. That failure then caused harm to someone else.

Negligence can take many forms:

1. A driver texting instead of watching the road
2. A store owner who doesn’t clean up a spill
3. A property owner who ignores icy sidewalks
4. A landlord who fails to fix broken stairs
5. A delivery company that hires an unqualified truck driver

These examples all involve someone who owed a “duty of care” to others. In other words, they were expected to act in ways that did not endanger others. When someone fails to uphold the duty of care and someone is injured because of it, they could be sued for negligence.

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What You Must Prove to Have a Negligence Case

To win a negligence claim in New York, you must prove four key elements:

1. Duty of Care

You must show that the person or business you are suing had a legal duty to act with reasonable care. For example:

1. Drivers have a duty to follow traffic laws and drive safely
2. Business owners have a duty to keep their premises reasonably safe
3. Employers must ensure their workers don’t pose dangers to others while doing their jobs

2. Breach of Duty

You must show that the defendant failed to meet their duty of care. This could be through action or inaction. Maybe they ignored a safety hazard, drove while distracted, or violated building codes.

3. Causation

You must prove that the defendant’s breach of duty directly caused your injuries. This includes proving:

1. Cause in fact. Your injuries wouldn’t have happened without their negligence.
2. Proximate cause. Your injuries were a foreseeable result of their actions.

4. Damages

Finally, you must show that you suffered actual harm from the negligence, such as physical injuries, lost income, medical bills, or emotional trauma. Without damages, there’s no basis for a claim.

Common Examples of Negligence Cases

Negligence can apply to many types of personal injury cases. Some of the most common include:

Car Accidents

Negligence is often at the heart of auto accident cases. If another driver was speeding, texting, drunk, or simply not paying attention, you may have a claim.

Premises Liability (Slip and Fall)

If you slipped on a wet floor in a store, fell on broken stairs, or got hurt due to unsafe conditions on someone’s property, the owner or manager may be liable.

Truck Accidents

Because commercial vehicle teams often include employers, contractors, and maintenance crews, multiple people might be responsible for negligent actions. A driver might not have paid attention to the road. But maybe a mechanic also failed to properly maintain the truck’s brakes, or a loading crew could have caused a weight imbalance that made the truck more hazardous to drive.

Workplace Accidents

If your employer has workers’ compensation, you might not be able to sue them for negligence if they caused conditions that lend to an injury. However, third parties may be sued if their negligence – such as defective equipment or subcontractor recklessness – is to blame.

Medical Malpractice

Healthcare professionals must follow a standard of care. If their negligence results in harm, such as from a misdiagnosis or surgical error, you may be entitled to compensation.

What If You Were Partially at Fault?

New York negligence law follows a rule called “pure comparative negligence.” This means that even if you were partially to blame for your injuries, you can still recover damages. However, your compensation will be reduced by your percentage of fault.

For example, if you were awarded $100,000 in damages but were found to be 20% at fault, you would receive $80,000.

Insurance companies often try to use this rule to shift more blame onto you. That’s one reason why it’s so important to have a strong legal team protecting your interests. An experienced personal injury lawyer is familiar with insurance company tactics. They can counter claims with evidence and arguments that move comparative negligence away from you and more onto those responsible.

What Is the New York Negligence Statute of Limitations?

Under New York law, the statute of limitations for most personal injury claims based on negligence is three years from the date of the injury.

However, there are exceptions that can shorten this time limit. For example:

• If a government entity is involved (like a city bus or public building), you may have as little as 90 days to file a notice of claim
• Medical malpractice claims usually have a 2.5-year time limit
• In wrongful death cases, the time limit is typically 2 years from the date of death

Waiting too long could mean losing your right to file a claim entirely. That’s why you should talk to an attorney as soon as possible after your injury, even if you’re not sure whether you have a case.

What to Do If You Think You Have a Negligence Case

Here are a few key steps you can take to protect your rights:

1. Get medical attention

Even if you think your injuries are minor, see a doctor right away. This is important for your health, but it also helps to document your injuries. That medical record can be crucial evidence in your personal injury case.

2. Document everything

Save medical records, accident reports, photos of the scene, and receipts. If possible, write down everything you remember about the incident and gather witness names and contact information. Your attorney may want to speak with these witnesses later.

3. Avoid speaking with insurance adjusters alone

Insurance companies may try to get you to make statements that could hurt your case. Even a statement you believe is innocent might be twisted against you.

Let a lawyer handle these conversations for you. If for some reason you must speak with an adjuster, stick to the basic facts and information you know as much as possible. Do not speculate about what “might” have happened, and absolutely do not lie.

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4. Contact Feroleto Law

We offer free consultations and will take the time to truly understand your situation. If you hire us, you don’t pay us unless we win.

Feroleto Law Is Here to Help You

We understand how overwhelming and confusing the aftermath of an injury can be. You may be facing mounting medical bills, lost income, and a long road to recovery. But you don’t have to go through it alone.

At Feroleto Law, our team has been fighting for injured people in Buffalo and throughout New York for more 30 years. We know the law, we know the tactics insurance companies use, and we know how to fight back to get our clients the compensation they deserve.

If you’re wondering whether you have a case, don’t wait. Call us today at (716) 854-0700 or fill out our contact form to schedule your free, confidential consultation.

Let’s talk about what happened and how we can help you move forward. We’re ready to stand by your side.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.