Comparative Negligence in New York
State-specific overview · Tort Law
New York uses pure comparative negligence; you can recover even if mostly at fault.
How New York treats Comparative Negligence
New York adopted pure comparative negligence, allowing plaintiffs to recover damages reduced proportionally to their own negligence, even if they are more than 50% at fault. Under CPLR Article 14-A, damages are diminished by the percentage of negligence attributable to the claimant. This means a plaintiff 80% responsible can still recover 20% of damages from the defendant, making New York one of the most plaintiff-friendly comparative negligence states.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New York.