Yes. Under New York law, you may still recover compensation for a slip and fall injury, even if you are found partially at fault. For example, you might have been briefly distracted when the accident occurred. However, if the property owner failed to repair broken steps or provide adequate lighting, they could still bear significant legal responsibility. As long as their negligence contributed to your injuries, you may be entitled to recover damages for medical expenses and other losses – but your compensation may be reduced in proportion to your share of the fault.
A skilled slip and fall injury attorney at Friedman, Levy, Goldfarb, Green & Bagley, P.C. will thoroughly investigate your claim, gather supporting evidence, and advocate for the lowest possible degree of fault to be assigned to you. Insurance companies often try to shift blame onto injured parties to limit their financial exposure and minimize payouts. If you or a loved one has been seriously injured on public or private property, contact us today for a free consultation.
New York’s Pure Comparative Negligence Standard
New York applies a pure comparative negligence rule in personal injury cases, including slip and falls. This standard holds each party accountable for their own share of the fault. If an injured person is found partially responsible for their fall, their compensation is reduced in proportion to their percentage of fault, but they are not barred from recovery. For example, if you are found 25 percent at fault and your total damages are $100,000, your recovery would be reduced to $75,000.
To illustrate, a person who is shopping at a grocery store takes a second to check a text message. They don’t notice a large puddle in an aisle caused by a leaking refrigeration unit. The store had failed to place warning signs or clean up the spill, despite several employees walking past it for over an hour. In this scenario, the injured person may be found 25% percent at fault for not paying full attention, while the store bears the remaining 75% for failing to address a known hazard.
Common Tactics Used to Shift Blame in Slip and Fall Cases
Under New York law, property owners have a duty to maintain their premises in a reasonably safe condition. This includes regularly inspecting for hazards, making timely repairs, and posting clear warnings, such as “Wet Floor” signs, when immediate repairs aren’t possible.
Despite this responsibility, defendants and insurance companies often attempt to shift blame onto the injured person to reduce or avoid liability. These tactics may involve claims that the victim acted carelessly or failed to take proper precautions, including:
- Failing to heed clearly visible warning signs (e.g., cones or posted notices)
- Making statements at the scene that suggest personal fault or responsibility
- Being distracted at the time of the fall, such as using a cellphone
- Wearing footwear considered unsafe or unsuitable for the conditions
- Delaying notification of the incident to the property owner or manager
- Failing to seek timely medical attention after the fall
An experienced slip and fall attorney can challenge these claims by presenting evidence, clarifying the facts, and negotiating to minimize your share of fault. The lower your percentage of responsibility, the greater the potential recovery.
Key Evidence in a Slip and Fall Claim
Successful slip and fall claims often hinge on preserving evidence before it disappears. If you are physically able or can ask someone for help, take the following steps to strengthen your case:
- Photographs of the hazard — Take clear photos of the dangerous condition that caused your fall, from multiple angles, because it can be quickly addressed or fixed after your accident.
- Surveillance footage — Video evidence can be critical in a slip and fall case, but many systems delete footage within days. While you can ask the property owner to preserve it, a formal request from your attorney is often needed to ensure it’s not lost or destroyed.
- Witness contact information — Get names and phone numbers of anyone who saw your fall or the hazardous condition. Their statements can support your version of events.
- Incident report — Report the accident to the property owner or manager and request a written report. If they complete one, ask for a copy.
- Prompt medical attention — Go to the ER or urgent care as soon as possible. Medical records will link your injuries to the fall and are essential for your claim.
- Preserve clothing and footwear — Store the shoes and clothes you were wearing in paper bags. Do not wash or fix them. They are now key pieces of evidence.
How We Can Help
Our legal team takes immediate action to thoroughly investigate the conditions that caused your fall, e.g., preserving surveillance footage and reviewing property maintenance records. We focus on building a fact-driven case that challenges attempts to shift blame onto you by demonstrating how the property owner failed to uphold their duty of care. Through detailed evidence and legal analysis, we position your case for the strongest possible outcome under New York’s comparative negligence law.
Contact a New York City Slip and Fall Lawyer
If you were seriously injured in a slip and fall accident due to property owner negligence, consult an experienced personal injury lawyer in NYC at Friedman Levy Goldfarb, Green & Bagley, P.C. Schedule a free, no-obligation consultation today. While most slip and fall claims are settled, we will litigate your case if the insurance company fails to agree to a fair settlement amount. Because we work on a contingency basis, you pay no fee unless you receive compensation for your losses.
