The Role of Comparative Negligence in New York Premises Liability Cases

Understanding How Fault Impacts Compensation After a Slip and Fall or Other Property-Related Injury

If you’ve been injured on someone else’s property—whether in a slip and fall accident, a stairway fall, or due to a hazardous condition on a business or residential property—you may be entitled to compensation through a premises liability claim. But what happens if you were partially at fault for the accident? That’s where comparative negligence comes into play.

At Rusk, Wadlin, Heppner & Martuscello, LLP, our Kingston premises liability attorneys help injury victims across Ulster County and the Hudson Valley understand their rights and pursue full and fair compensation—even when the insurance company is trying to pin a percentage of fault on them. Here’s what you need to know about how comparative negligence could affect your premises liability case in New York.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine used to determine how much compensation an injured person can recover when they are partially responsible for the accident. Instead of barring recovery altogether (as some states do under contributory negligence rules), New York follows a pure comparative negligence system.

Some states disallow recovery if the victim is 50% or more to blame for their injuries, but under New York’s rules, an injured party can recover damages even if they are 99% at fault—though their compensation will be reduced by their percentage of fault.

How Comparative Negligence Works in Premises Liability Cases

In premises liability claims, the injured person must show that the property owner or occupier was negligent in maintaining the property or failing to warn about dangerous conditions. This includes situations where the property owner created the hazard or if they knew about or should have known about yet failed to fix it. However, property owners (or their insurance companies) often argue that the injured person bears some responsibility for the accident.

Common examples of alleged comparative negligence in these cases include:

• Failing to watch where you were going
• Ignoring warning signs or barriers
• Wearing inappropriate footwear for the conditions
• Entering a clearly hazardous area
• Being distracted (e.g., texting or using a phone while walking)

Let’s say you slipped and fell on an icy sidewalk outside a retail store. If a court finds that the store owner was 70% responsible for failing to clear the ice and you were 30% responsible for not paying attention, your damages award would be reduced by 30%.

So, if your total damages amounted to $100,000, you would still be entitled to recover $70,000.

Proving Liability and Minimizing Your Share of Fault

Because your compensation can be reduced based on your own negligence, it’s essential to build a strong case that clearly demonstrates the property owner’s failure to maintain safe conditions or issue proper warnings.

For example, at Rusk, Wadlin, Heppner & Martuscello, LLP, we:

• Investigate the scene of the accident
• Collect evidence such as photos, surveillance footage, and witness statements
• Review maintenance logs, safety policies, and building codes
• Work with experts in premises safety and accident reconstruction

Our goal is to present a compelling case that holds the property owner accountable while refuting insurance company allegations and minimizing your assigned share of fault.

Why Legal Representation Matters

Insurance companies are quick to use comparative negligence to reduce or deny claims. Without experienced legal counsel, you may find yourself unfairly blamed for an accident that was mostly—if not entirely—caused by someone else’s negligence.

Our Kingston personal injury attorneys understand how to push back against these tactics and advocate for the maximum compensation you deserve. Whether your injury occurred in a store, apartment building, parking lot, or other private or public space, we are here to help.

Call Our Kingston Premises Liability Attorneys Today

If you’ve been hurt in a slip and fall or other premises-related accident in Ulster County or anywhere in the Hudson Valley, don’t wait to get legal advice. At Rusk, Wadlin, Heppner & Martuscello, LLP, we offer personalized representation backed by decades of experience.

Contact us today for a free consultation by calling 845-331-4100 in Kingston, 845-236-4411 for our Marlboro office, or 800-566-4101 toll-free throughout the Hudson Valley. Let us help you understand your rights, build your case, and pursue the compensation you need to move forward.