Can I Receive Compensation if I Was Partially Responsible for a Slip-and-Fall Accident?Central New York Legal News
Although winter might be a long way off, you might still have a bit of a tricky time navigating the streets of New York City during an especially hot and sticky summer. Besides the obvious spill of garbage and other sticky substances along sidewalks, you will also come across one or two gaps and cracks that are perfect breeding grounds of slip-and-fall accidents.
However, the situation can change if you are partially at fault for your case. Just because you take a tumble along a public sidewalk in the vicinity of, for an example, a hotel, that doesn’t necessarily mean the owner is wholly at fault.
So, on that note, what are you supposed to do if this accident occurs? Can you receive any compensation if you are partially responsible for your slip and fall injuries? Let’s take a closer look and find out some more information.
Determining the At-Fault Party or Parties
In essence, determining the at-fault parties (so to speak) is a relatively simple process, at least to an extent. If you, the plaintiff, want to receive compensation for your injuries and inconveniences, then you must prove without any shred of doubt that the property owner, the defendant, had been fully responsible for your injuries.
However, when the defendant and plaintiff are at fault for the accident, you entering the tricky waters of comparative negligence. In this event, the jury will allocate a percentage of fault to each party. For example, the plaintiff might be 40% at fault, while the defendant carries the brunt at 60%. Whoever carries the most fault ultimately pays for the damages, even if this person was injured.
The Rules of Comparative Negligence
In the event that you and the defendant are both at fault, the court will adhere to the procedures in N.Y. Civil Practice Laws Section 1411. Under this code, if the plaintiff is found to be at fault, he/she must still provide compensation to the defendant if the plaintiff holds the brunt of the guilt (as shown earlier).
Personal Injury Lawyer in New York
Everything from a simple stroll to a casual run across a city sidewalk can bring you so much joy, but, in the blink of an eye, just a simple journey by foot can quickly take a turn for the worst. Due to the negligence of building superintendents, school administrators, city maintenance workers, and other people who work to ensure the safety of the public, a slip-and-fall across a crack or dip you didn’t see coming can inflict moderate-to-serious wounds.
Although this might be difficult, though, you must remain calm. With the assistance of a lawyer who is experienced with personal injury cases, you can gather viable resources to create a strong case in court.
Here at Gattuso & Ciotoli, our combined 50 years of legal experience overlays some of the most high-quality legal services to accident victims who live in the vicinity of Fayetteville, New York. We value your perspective on your case and your goals for the future and ready to help you receive the justice you deserve, every step of the way. For more information on our four practice areas or details about a claim, contact us at (315) 314-8000 today.