What is Negligence in New York?

Contact Us Today!
negligence new york

Through no fault of your own, you have sustained significant injuries, which all but require you to file a personal injury lawsuit. But before you do so, you should have a basic understanding of what New York statute considers negligence. For more information, please continue reading, then contact an experienced New York City personal injury attorney today. Some questions you may have include:

How does New York law define negligence?

Negligence is a legal concept that state law generally defines as when a person acts carelessly and his or her actions harm another person. Examples of negligence include accidents involving:

  • Motor vehicle collisions
  • A slip and fall in an area that a custodian has just mopped without posting warning signs
  • Medical malpractice
  • Defective products
  • Hazardous working conditions

Is New York a fault state?

In fact, New York is a no-fault state, meaning that in most cases, the plaintiff’s own insurance coverage pays for medical treatment and other out-of-pocket losses incurred by anyone covered under the policy, up to coverage limits. However, plaintiffs may step outside of the no-fault system and sue the negligent party directly if they suffered a “serious injury,” such as:

  • Significant disfigurement
  • Bone fracture
  • Permanent limitation of use of a body organ or member
  • Significant limitation of use of a body function or system, or
  • Substantially full disability for ninety days

Only then, may an injured party file a personal injury claim in New York.

How does New York determine negligence in personal injury cases?

To prove that a defendant’s actions or inaction rose to the level of negligence, the plaintiff and their qualified legal team must first prove that the defendant owed the plaintiff a duty of care. Some examples of duty of care include:

  • In a slip and fall case, a property or business owner has a legal obligation to keep the premises free from known hazards and must act within a reasonable time to discover and remedy other dangers as they present themselves.
  • In a medical malpractice case, a doctor or other medical professional must provide treatment that meets the applicable medical standard of care, i.e. the hypothetical practices of a reasonably competent health care professional in the same or similar community.
  • In a defective product case, the manufacturer, distributor and seller of a consumer product all have a legal duty to produce and sell products that are free of unreasonable or unexpected dangers to consumers.

Next, the plaintiff must prove that the defendant breached that duty of care through their actions or inaction. Once they have established this element, the plaintiff must show that they suffered real injuries as a result of the defendant’s breach.

If you find this at all daunting or confusing, speak with Brian J. Elbaum, Esq. today.

Contact Our New York Legal Team Today

The Law Offices of Brian J. Elbaum handles a wide variety of personal injury cases, including those involving auto accidents, catastrophic injuries, and more. Contact us today to schedule your free initial consultation.

Contact Us Today!

  • This field is for validation purposes and should be left unchanged.

© 2022 Law Offices of Brian J. Elbaum.
All Rights Reserved.
Disclaimer | Sitemap | Privacy Policy