When someone is injured due to another person’s actions, the issue of negligence often becomes central to determining legal responsibility. In New York, negligence is a foundational concept in personal injury law and plays a key role in cases involving car accidents, slip and falls, medical mistakes, and more. Understanding how negligence is defined and proven can help injured individuals better grasp their legal options. At Cascione, Purcigliotti & Galluzzi, P.C., we can provide legal assistance to the New York public when questions about negligence arise.

What Is Negligence Under New York Law?

Negligence in New York generally refers to a failure to exercise reasonable care under the circumstances. The law expects individuals, businesses, and organizations to act in a way that avoids causing foreseeable harm to others. When that standard of care is not met and someone is injured as a result, negligence may exist.

New York courts do not look at negligence as a vague concept. Instead, they rely on specific legal elements that must be established before liability can be imposed.

The Four Elements of Negligence

To succeed in a negligence claim in New York, four elements must typically be proven:

Duty of Care
The defendant must have owed a duty of care to the injured person. For example, drivers have a duty to operate their vehicles safely, and property owners have a duty to maintain reasonably safe premises.

Breach of Duty
A breach occurs when the defendant fails to meet the required standard of care. This could involve careless actions, unsafe conditions, or failing to act when action was required.

Causation
The breach must be directly connected to the injury. In other words, the injured person must show that the harm would not have occurred but for the defendant’s conduct.

Damages
Finally, the injured party must have suffered actual damages, such as medical expenses, lost income, pain and suffering, or other losses recognized by law.

Comparative Negligence in New York

New York follows a pure comparative negligence rule. This means an injured person can still recover compensation even if they were partially at fault for the accident. However, any recovery is reduced by the percentage of fault assigned to them. For example, if a person is found 20% responsible for their injuries, their compensation would be reduced by 20%.

Common Situations Where Negligence Claims Arise

Negligence claims commonly appear in cases involving motor vehicle accidents, slip and fall incidents, construction site injuries, medical care errors, and unsafe products. Each type of case has unique facts, but the same basic negligence principles apply.

Why Legal Guidance Matters

Negligence cases often involve disputes over facts, responsibility, and the extent of damages. Insurance companies may challenge whether a duty existed or argue that the injured person was primarily at fault. Understanding how New York law defines and applies negligence is essential when pursuing or defending against a claim.

At Cascione, Purcigliotti & Galluzzi, P.C., we can provide legal assistance to the New York public by helping individuals understand how negligence laws may apply to their specific situation.