Negligence Lawyer New York

Negligence is the legal foundation for the majority of personal injury claims in New York, covering situations where one party’s failure to exercise reasonable care under the circumstances causes harm to another. Unlike claims that require proof of intent to harm, a negligence claim focuses on whether the responsible party acted as a reasonably careful person would have acted given the same circumstances, and whether their failure to do so caused the injury at issue. Negligence claims arise across an enormous range of situations, including car accidents, slip-and-fall incidents, inadequate property security, defective products, and many other scenarios where carelessness rather than deliberate wrongdoing leads to injury. Because the reasonable-care standard is applied to the specific facts of each situation, what counts as negligent conduct in one context may not apply the same way in another. Law Offices Of SRIS, P.C. reviews the facts of negligence claims across a wide range of circumstances throughout New York. If you were injured because of someone else’s carelessness, call (888) 437-7747 to discuss your situation.

What Negligence Claims Mean in New York

A negligence claim in New York generally requires proving four elements: that the defendant owed the plaintiff a duty of reasonable care, that the defendant breached that duty through action or inaction, that the breach caused the plaintiff’s injury, and that the plaintiff suffered actual damages as a result. Each element depends heavily on the specific facts involved, and the applicable standard of care can vary depending on the relationship between the parties and the circumstances of the incident, such as the duties owed by a property owner to a visitor or by a driver to other motorists.

New York applies a pure comparative fault framework as the general rule for negligence claims. Under N.Y. C.P.L.R. § 1411(a), culpable conduct attributable to a claimant does not bar recovery outright but instead reduces the damages otherwise recoverable in proportion to the claimant’s own share of fault. This general rule applies broadly, including to property damage, wrongful death, premises liability, products liability, and most other negligence-based claims. A distinct rule applies in personal injury actions subject to Insurance Law article 51, meaning cases involving the use or operation of a motor vehicle, where N.Y. C.P.L.R. § 1411(b) instead bars recovery entirely if the claimant’s fault is found to be greater than the fault of the defendant or combined defendants. Anyone evaluating a negligence claim involving a motor vehicle should understand that this distinct rule, rather than the general rule, applies to that type of case.

Negligence claims for personal injury in New York are generally subject to the three-year limitations period in N.Y. C.P.L.R. § 214(5), while negligence claims for property damage are generally subject to the three-year period in N.Y. C.P.L.R. § 214(4). Certain categories of negligence claims, such as medical malpractice or claims against a government entity, carry their own distinct and often shorter deadlines and procedural requirements.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Negligence Cases

Mr. Sris and the firm’s Of Counsel attorneys begin a negligence matter by identifying the specific duty of care owed under the circumstances and gathering the evidence needed to show how that duty was breached. This can involve reviewing incident reports, inspection or maintenance records, witness accounts, and any applicable codes or industry standards relevant to the situation, depending on the type of negligence claim involved.

The firm also works to establish causation, meaning the connection between the defendant’s breach of duty and the client’s injury, which is often one of the more heavily contested elements of a negligence claim. Where comparative fault issues are raised, the firm evaluates the applicable framework under N.Y. C.P.L.R. § 1411, distinguishing between the general rule in subsection (a) and the motor-vehicle-specific rule in subsection (b) depending on the type of claim involved.

Mr. Sris and the firm’s Of Counsel attorneys document the client’s damages, coordinate with treating providers or other relevant professionals, and communicate with insurers and opposing parties throughout the matter, working toward a resolution while preparing the case for litigation where the facts warrant it.

About the Firm

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced law since founding the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in accounting and information systems from George Mason University supports his approach to cases involving detailed damages documentation across a range of negligence claims. Mr. Sris and the firm’s Of Counsel attorneys concentrate in personal injury and negligence matters throughout New York. The firm’s Of Counsel attorneys contract directly with the firm. Anyone injured because of another party’s negligence may request a consultation to discuss a potential claim by calling (888) 437-7747.

Frequently Asked Questions

What do I need to prove in a negligence case?

A negligence claim generally requires showing that the defendant owed a duty of reasonable care, breached that duty, and caused the plaintiff’s injury and resulting damages. Each element depends on the specific facts and relationship between the parties involved.

Is New York a pure comparative negligence state?

New York applies pure comparative fault as the general rule under N.Y. C.P.L.R. § 1411(a) for most negligence claims, including property damage, wrongful death, premises, products, and medical malpractice cases. A different rule applies in personal injury actions involving a motor vehicle, where N.Y. C.P.L.R. § 1411(b) can bar recovery entirely if the claimant is found more at fault than the defendant.

What types of cases fall under general negligence?

Negligence covers a wide range of situations, including slip-and-fall incidents, inadequate security, defective products, and many other scenarios involving a failure to exercise reasonable care. The specific standard of care applied depends on the relationship between the parties and the circumstances involved.

How long do I have to file a negligence claim in New York?

Negligence claims for personal injury are generally subject to a three-year period under N.Y. C.P.L.R. § 214(5), and claims for property damage are generally subject to a three-year period under N.Y. C.P.L.R. § 214(4). Certain claim types, such as medical malpractice or claims against a government entity, carry different and often shorter deadlines.

What if I was partly at fault for what happened?

Under the general comparative fault rule, being partly at fault reduces, rather than eliminates, the damages you may recover, in proportion to your share of fault. A different rule applies in motor vehicle cases, where recovery can be barred entirely if you are found more at fault than the other party.

Related Pages

Premises Liability Lawyer New York |
Car Accident Lawyer New York |
Failure to Warn Lawyer New York |
Negligent Security Lawyer New York |
Statute of Limitations for Personal Injury in New York

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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